Coastal Development Permit 2023 01 135 165 Main Street — Point Arena City Council, May 28, 2024 (part 1 of 3)

Item VIII A will be continued to
and be heard at the June 25
2024 City Council meeting
STAFF REPORT CDP# 2023-01, Use Permit# 2024-01 (Hansen) June 25, 2024
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OWNERS/APPLICANTS: 610 LLC/ Jeffrey Hansen
PO Box 669
Point Arena, CA 95468
REQUEST: The applicant requests a Lot Line Adjustment to transfer 0.145 acres (6,316.2 SF) from Parcel B (APN 027-122-21) to Parcel A (027-122-20), and a Coastal Development Permit and Use Permit to: 1) reestablish a residential use, reuse a building for a restaurant, and construct a 280-SF trellis on Parcel A; 2) reestablish and rehabilitate lodging, restaurant, and residential use on Parcel B; 3) demolish existing 3,880-SF structure on Parcel B; 4) construct five detached lodging units of 160 SF each on Parcel B; and 5) other associated site work as demonstrated on the project plans.

LOCATION: In the Coastal Zone, in the City of Point Arena, Mendocino County at 135 and 165 Main Street, Point Arena, CA. Project is located on the east side of Main Street, at its intersection with Mill Street (027- 122-20 and -21).

APPEALABLE AREA: Yes
PERMIT TYPE: Coastal Development Permit, Use Permit, and Lot Line Adjustment TOTAL ACREAGE: 1.09 acres
GENERAL PLAN: Highway Commercial
ZONING: Highway Commercial
EXISTING USES: Vacant commercial and hotel
ADJACENT LAND USES: Surrounding properties are zoned a mix of (AE) Agriculture Exclusive, (C) Commercial Core, (HWC) Highway Commercial and (UR) Urban Residential.

North: Commercial and Residential
South: Residential and Creek
East: Residential
West: Commercial
ENVIRONMENTAL DETERMINATION: A Mitigated Negative Declaration has been prepared for this project and was circulated for public and agency comment from April 23 through May 28th.

OTHER RELATED APPLICATIONS: None
STAFF REPORT CDP# 2023-01, Use Permit# 2024-01 (Hansen) June 25, 2024
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PROJECT DESCRIPTION
The proposed project requires the approval of a Coastal Development Permit, Boundary Line Adjustment, and Use Permit, and includes the following components:

Boundary Line Adjustment
Boundary Line Adjustment to reconfigure boundary lines between two adjacent lots in Point Arena. Parcel A (APN 027-122-20) would increase from 5,393± SF to 10,759± SF, and Parcel B (APN 027-122-21) would decrease from 42,267± SF to 40,685± SF.

Development on Proposed Parcel A (APN 027-122-20)
• Reestablish restaurant use in existing structure
Interior and exteriorremodel of existing 461±SF structure (historically used as restaurant and retail space) to 826 SF restaurant/market space.

Construction of a 280± SF trellis and courtyard in front of the existing structure for outdoor restaurant seating.
• Reestablish residential use in existing structure
Interior and exterior remodel of existing 1,224± SF structure (historically a residence) to a duplex with one unit on the first floor and one unit on the second floor. • Site Improvements
Additional site improvements on proposed Parcel A include:
 New landscaping to the east and west of the residential structure, between the two buildings, and between the proposed parking lot and the restaurant.
 A new short retaining wall is proposed between the buildings and between the restaurant and the parking lot.
 New site parking lot with 14 spaces and shared drive isle with Parcel B.  New paved walkways from parking areas to the existing buildings.

Both existing structures are served by existing water, sewer and electrical connections.

Access is provided by existing encroachments on Main Street (Hwy 1) and Mill Street, and requires access easements over proposed Parcel B.

Development on Proposed Parcel B (APN 027-122-21)
• Reestablish lodging use and establish restaurant and residential use in existing structure Interior and exterior remodel of existing 4,160± SF structure (historically used for lodging) for a 20-unit lodging use, two residential units, and 1,880± SF restaurant space.

STAFF REPORT CDP# 2023-01, Use Permit# 2024-01 (Hansen) June 25, 2024
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• Construct five (5) detached lodging units
In a previously vacant area of proposed Parcel B, construct five (5) detached 160± SF lodging units. Five (5) off-street parking spaces provided on-site (four (4) required). • Site Improvements. Additional improvements on proposed Parcel B include:
• Landscaped areas around the proposed lodging units and restaurant. • A 140± foot-long retaining wall is proposed along the east side of development to separate the project from natural resources along Arena Creek.
• A 40,000-gallon subterranean water tank for fire suppression is proposed with a 32-foot-tall gazebo placed on top.
• A 40-foot-tall windmill is proposed adjacent to the five new lodging units, • A 27-foot-tall, elevated water tank is proposed adjacent to Main Street. • A trash collection area is proposed between the lodging uses. • A total of 19 parking spaces are proposed on this parcel to serve the proposed uses with an additional 9 parking spaces located on parcel A, which also serve these uses, and which will require access and maintenance easements. Areas proposed for parking were either previously paved for parking or were within the footprint of the demolished building. • The existing structure on proposed Parcel B is served by existing water, sewer and electrical service. The proposed five new lodging units will connect to water and sewer service from Main Street and use existing electrical service on site.
• Access is provided by existing encroachments on Main Street (Hwy 1) and Mill Street, and requires access easements over proposed Parcel A.

CDP & USE PERMIT ANALYSIS

CONSISTENCY WITH THE GENERAL PLAN
The Project is consistent with the following relevant goals and programs set forth in the General Plan:

Coastal Act Priority Uses (page 2)
The Coastal Act also establishes a framework for resolving conflicts among competing uses for limited coastal lands. Following is a list of land use priorities from highest to lowest, as established by the Coastal Act [Sections 30213, 30220-23, 30234, 30241-43, 30250, 30253 and 30255]:
(A) Development Priorities

1. Preservation and protection of natural resources, including environmentally sensitive habitats, and prime agricultural and timber lands.

2. Coastal dependent industry and commerce (in non-environmentally sensitive habitat areas) and commercial fishing.

3. Coastal or water dependent public recreation.

4. Non-coastal or non-water dependent public recreation.

5. Visitor serving commercial recreational, lower cost.

6. Visitor serving commercial recreational, higher cost.

7. Private residential, general industrial or commercial development.

Visitor-serving commercial uses (hotels) and a Coastal Act priority use, as such, receive preference over residential or general commercial development. The project is consistent with this policy.

STAFF REPORT CDP# 2023-01, Use Permit# 2024-01 (Hansen) June 25, 2024
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Opportunities (page 8)

6. Allowing a greater proportion of residential units connected with commercial Downtown growth...in order to foster mixed uses, Downtown revitalization, a built-in demand for Downtown goods and services, and affordable housing (on now undeveloped and underdeveloped lots).

The proposed project is a mixed-use project which includes four residential units within the downtown core and so it complies with this policy.

Coastal Element (page 17)

5. Existing, lower cost visitor-serving and recreation facilities, including overnight accommodations, shall be protected to the maximum feasible extent. Removal or conversion of existing lower cost opportunities shall be prohibited unless the use will be replaced with another offering comparable visitor-serving or recreational opportunities.

6. Priority shall be given to the development of visitor-serving and commercial recreational facilities designed to enhance public opportunities for coastal recreation. On land designated for visitor-serving commercial and/or recreational facilities, priority shall be given to such use over private residential or general commercial development. New visitor serving uses shall not displace existing low-cost visitor-serving uses unless an equivalent replacement is provided.

The proposed project includes removal of a 3,880 SF former inn structure, which has already occurred, so this is an after the fact CDP to remove that structure. It is unclear if the prior units were low-cost and visitor-serving as the project had been vacant for over 20 years, and in disrepair for at least as long. The rehabilitated inn will provide 25 hotel rooms, including five new hotel units of 160 SF each. Arguably, the new hotel will not displace existing low-cost, visitor-serving units because the units have not been operational for more than 20 years. The City Council can find that the project is consistent with these policies.

CONSISTENCY WITH LAND USE
The project site is designated Highway Commercial in both the General Plan and Zoning Map. The zoning ordinance allows all of the proposed uses in the Highway Commercial zone as follows:

Principally Permitted Uses
• General retail goods and services including cafes and restaurants, delis, food stores, convenience sales, markets, bakeries, and pharmacies. • Visitor-serving facilities such as hotel, motel, inns, and hostels. • Existing dwellings and living quarters.

Conditionally Permitted Residential Uses
• Multi-family dwellings of any type or mixture.

The four units of multi-family housing require approval of a conditional use permit, while the remainder of the project is permitted by right.

STAFF REPORT CDP# 2023-01, Use Permit# 2024-01 (Hansen) June 25, 2024
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CONSISTENCY WITH DEVELOPMENT STANDARDS
Development Standards. The project is consistent with the various applicable development standards of the HWC zoning district, as follows:

Development Standards
Requirement Project Conformance
Setbacks: front 20
feet; rear 15 feet;
side 10 feet.

Front for new Construction: front 20
feet; rear 50+ feet; side 10 feet.

Setbacks for Existing Structures:
front 5 feet; rear 5 feet; side 5 feet.

Yes, for all new structures. All
existing structures are legal
non-conforming structures and
compliance with setback
requirements is not required.

Height: 45 feet New Construction: Fire storage
tank 32 feet; Water Tower 27 feet;
WE-5 13.9 feet; Windmill 40 feet.

Existing Buildings: WE-1, WE-2,
WE-3, WE-4 and WE-6 are existing
conforming.

Yes, for all new Structures.
(However, the windmill is not
permitted per a mitigation
measure in the MND.)
Yes, for all existing structures.

Minimum lot area:
10,000 SF
Lot size is 51,444 SF. Yes
Minimum lot width:
100 feet.

Lot A is 102 feet by 105 feet.

Lot B is 217 feet by 242 feet.

Yes
Yes
Parking Standards. The project is consistent with parking requirements as described below. Sec. 5.28.

B defines parking space requirements by proposed use. The table below includes all relevant off-street parking space requirements and provided spaces for each proposed use. As noted in the table, the project provides more parking than is required by the zoning code for every use. The City of Point Arena zoning code does not limit the amount of allowable parking, therefore the project complies with the zoning ordinance with regard to the provision of parking spaces.

Parking Requirement Required Provided Conforms
Single- or multi-family
dwellings as a secondary use
dwelling unit located in a
commercial district.

One space per unit. 4 units = 4
spaces.
4 spaces Yes
Commercial and Public/Quasipublic Uses. Small establishments in existing and new buildings.

No spaces required for
any use with a floor area
less than 600 SF and
located in a building with
not more than one other
use of less than 600 SF.

Building W/E
6 is an
existing
building of
less than
600 SF = no
spaces.

No Parking Yes
Hotels, motels, inns, rooming One space per 1 1/2
sleeping units.
29 beds/1.5
= 20 parking
spaces.
24 Provided Yes
Restaurants, bars, retail sales,
personal services, and all other
commercial, public, and quasipublic uses not listed
One space per 400 SF
floor area.
2,706
SF/400= 7
spaces.
7 Provided Yes
Total Spaces 31 spaces 35spaces Yes
STAFF REPORT CDP# 2023-01, Use Permit# 2024-01 (Hansen) June 25, 2024
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Figure 1: Site Plan illustrating Parking Lot.

The Project site does not currently include Bicycle Parking and Sec. 5.28.9 requires bicycle parking.

5.28.9 Sufficient bicycle storage space, as determined by the Planning Commission, shall be provided in all parking areas of ten (10) or more spaces.

Therefore, Mitigation Measure LU -1 was required by the MND, and Staff recommends Special Condition 1, which will also incorporate all mitigation measures mentioned in the report into the special conditions for the project.

Special Condition 1: The applicant shall implement all mitigation measures required in the MND.

Landscaping and Screening (Section 5.14). The Project complies with the landscaping and screening requirements except for the following requirements from the ordinance:

Requirement Mitigation Measure

5.14.C - Dense landscaping or a solid wall or fence of
a minimum height of 6 feet shall be provided along
the rear and side property lines of any non-residential use which abuts on a residential use; to screen any
open area used for the storage of goods, materials, or
waste from view from abutting properties and from
public right-of-way...

The MND requires Mitigation Measure LU -2
Wood Fence, which requires the applicant to
install a solid wood fence of 6 feet in height
along the east property line and around the
refuse container.

STAFF REPORT CDP# 2023-01, Use Permit# 2024-01 (Hansen) June 25, 2024
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5.14.E Perimeter landscaping shall be provided
between parking spaces and adjacent street right-ofway whenever five or more parking spaces are required. Such landscaping area shall be at least 4
feet wide and protected from damage by a curb or
header adjacent to the parking area. In addition,
whenever five or more parking spaces are required,
one tree shall be provided, with an additional tree
required for every 10 additional required parking
spaces. Such trees shall be planted in tree wells at
least 4 feet by 4 feet, protected by a curb or header.

Whenever five or more parking spaces are required,
at least 4 percent of the parking area, including the
above required landscaping, shall be landscaped.

The requirements of the code have been
addressed in the landscaping plan with the
exception of trees. For example, perimeter
landscaping is provided between parking
spaces and adjoining public sidewalks, as the
code requires.

The MND requires Mitigation Measure BIO6c which requires a new landscaping plan with at least 14 trees which exceeds this tree
requirement for parking (three trees).

Site Development & Architectural Review Sec 5.15
The proposed Project will comply with the requirements of Site Development and Architectural Review as follows:

Relevant Requirements Compliance & Mitigation
C1. New development shall be sited and designed to
minimize adverse impacts on scenic areas from
scenic roads or public viewing areas to the maximum
feasible extent. If there is no feasible building site
location on the proposed project site where
development would not be visible, then the
development shall be sited and designed to minimize
impacts on scenic areas from scenic highways or
public viewing areas, through measures including,
but not limited to, siting development in the least
visible portion of the site, breaking up the mass of
new structures, designing structures to blend into the
natural hillside setting, restricting the building
maximum size, reducing maximum height standards,
clustering development, minimizing grading,
incorporating landscape elements, and where
appropriate, berming.

The Project includes removal of an “existing
structure” (already removed without benefit of a
CDP) that was one solid building and replacing
it with five smaller buildings that are dispersed
and located further from Highway 1. The
remainder of the project consists of pre-existing
structures which will be remodeled and
landscaped in a manner which will eliminate the
existing visual impacts from the jumbled and
abandoned buildings.

Preset architectural styles (e.g., standard fast food
restaurant designs) shall be avoided.

The Applicant proposes to use the same white
and beige paint colors of the Wildflower West
project on the Wildflower East project. These
colors are compatible with the community.

D4. Plant materials should be used to integrate the
man-made and natural environments, to screen or
The applicant’s landscaping plan does not
include a plant list and so the MND includes
STAFF REPORT CDP# 2023-01, Use Permit# 2024-01 (Hansen) June 25, 2024
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soften the visual impact of new development, and to
provide diversity in developed areas. Attractive
vegetation common to the area shall be used, and
native vegetation shall be used to the maximum
extent practicable. Invasive plant species that tend to supplant native species and natural habitats shall be
prohibited. Landscaping for MR, C, HW, and I zones
shall conform with the provisions of Section 5.14.

Mitigation Measure LU-3 to ensure
conformance with this section of the code.

MM LU-3: Landscaping Plan. The applicant
shall submit a Landscaping Plan for approval
by the City Planner, prior to approval of the
Building Permit which includes: 14 trees, at
least 50 percent native plant cover and no
potentially invasive species. The landscaping
shall provide 90 percent coverage within five
years.

D5. On-premises signs should be designed as an
integral part of the structure and should complement
or enhance the appearance of the surrounding area.

The applicant has not submitted a signage plan
for the project. The applicant will have to submit
a sign permit application for approval of the
sign permit at a later date.

D8. When reviewing the design of commercial or
residential buildings, the Planning Commission shall
ensure that the scale, bulk, orientation, architectural character of the structure and related improvements
are compatible with the rural, uncrowded, rustic,
unsophisticated, small, casual, open character of the
community. In particular, residences of more than
2,000 square feet in floor area and multiple-family
dwellings or commercial buildings of more than
4,000 square feet in floor area shall be considered
out of scale with the community unless they are
designed and situated in such a way that their bulk is
not obtrusive. Residential and commercial
developments involving multiple dwelling or business
units should utilize clusters of smaller structures with sufficient open space between them instead of a
consolidated structure.

The project complies with this requirement as
no single building is greater than 4,000 SF.

Additionally, the project includes small clusters
of buildings with landscaped areas and parking
located between the buildings as required.

D11. Developments shall be planned to avoid
removing trees, if feasible. At least two trees shall be planted for every one removed to accommodate
development facilitated by the General Plan. Visually
attractive native trees species, such as bishop pine
and sargent cypress, shall be the preferred species
used, as they require less water, herbicides,
pesticides, and are valuable to wildlife resources.

As noted in the MND, the project includes
removal of an existing tree. Mitigation Measure
LU-3 will result in compliance with this
regulation.

D17. Where feasible, long continuous retaining walls
shall be broken into sections or shall include
undulations to provide visual relief. Where feasible,
retaining walls supporting a structure should be
incorporated into the foundation system in a stepped
or split-level design. Retaining walls visible from
scenic highways, trails, parks and beaches should
incorporate veneers, texturing and/or colors that
blend with the surrounding earth materials or
landscape.

Two concrete retaining walls are proposed for
Parcel A which would be visible from the public
right of way. The MND includes Mitigation
Measure LU-4 which would result in
compliance with this regulation.

MM LU-4: The Building Permit application shall
illustrate veneers, texturing and/or colors for the
retaining walls that blend with the surrounding
earth materials or landscape, as directed by the
City Council.

STAFF REPORT CDP# 2023-01, Use Permit# 2024-01 (Hansen) June 25, 2024
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D20. Land divisions, including lot line adjustments,
adjustments, shall be designed to minimize impacts
to visual resources by:
a. Clustering the building sites to minimize site
disturbance and maximize open space.
b. Prohibiting building sites on ridgelines.
c. Minimizing the length of access roads and
driveways.
d. Using shared driveways to access
development on adjacent lots, where feasible.
e. Reducing the maximum allowable density in
steeply sloping and visually sensitive areas.
f. Minimizing grading and alteration of natural
landforms
g. Landscaping or revegetating all cut and fill
slopes, and other disturbed areas at the
completion of grading
h. Incorporating interim seeding of graded
building pad areas, if any, with native plants
unless construction of approved structures
commences within 30 days of the completion
of grading.

The proposed project complies with the
following requirements: a, c, d, f, g.

The following requirements are not relevant to
the project: b, e, h.

The proposed Lot Line Adjustment complies
with this policy.

PUBLIC ACCESS
The project site is located east of Highway 1. There are no existing or mapped potential access routes along the project site. The project will not impact public access.

HAZARDS
The property is not located within a mapped Natural Hazard area. However, during the circulation of the Mitigated Negative Declaration to resource agencies, the City received a comment from the Water Board.

The parcel with the former gas station located on it had an underground storage tank which leaked petroleum onto both parcels. The Applicant removed those underground storage tanks and cleaned and capped a well on site and received a no-further-action letter from the Water Board for the removal of the underground storage tank and the capping of the well. In subsequent conversations with the Water Board they expressed concern that the project parcel was remediated to a commercial clean-up level, which complicates residential development on the property. Water Board staff reviewed the project plans and requested additional special conditions, to ensure that contaminated soils are capped with a concrete or asphalt cap. Staff worked with the Water Board to develop additional Mitigation Measures for the MND as follows:

HAZ-01: The Applicant shall cap the proposed landscaped located between the residential structure on Parcel A and the parking lot to the south as illustrated in the site plan below. The cap shall be of non-permeable pavement such as a concrete patio.

STAFF REPORT CDP# 2023-01, Use Permit# 2024-01 (Hansen) June 25, 2024
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HAZ-02: The Applicant shall submit a Soil Management Plan (SMP) approved by the Regional Water Board, prior to the start of earth moving activities, which details required precautions when doing any earthwork at this site.

HAZ-03. The Applicant shall record a Land Use Covenant (LUC) which states that the capped area, outlined below in red must be maintained as a capped area and cannot be turned into bare ground or landscaped or play areas in the future.

The property is served by the Redwood Coast Fire Protection District (RCFPD). RCFPD maintains a fivebay fire station in Point Arena. The project was referred to the RCFPD. No comments were received from the Fire District.

The existing and proposed development is located in a relatively flat area and does not present hazard issues relative to slope failure. There are no known faults, landslides or other geologic hazards in close proximity to the proposed development.

VISUAL RESOURCES
The project is located within a relatively dense urban environment, on an already developed parcel. The proposed new development will not be located east of Highway 1 and will not block public views to or along the ocean. Additionally, new development will be located behind already existing development on the site.

There are no views to or along the ocean visible from Main Street through this parcel. The parcel is not located in a designated View Shed or Scenic Corridor as shown on the Scenic Corridors map.

Patio
Cap
Parking Lot Cap
STAFF REPORT CDP# 2023-01, Use Permit# 2024-01 (Hansen) June 25, 2024
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Goal IV-4.14 of the General Plan’s Open Space and Conservation Element is “To preserve the existing qualities associated with a low level of artificial lighting on public and private properties.” The MND addresses this issue with Mitigation Measure AES-1.

NATURAL RESOURCES
Site Trees. The project site includes five to seven small trees on the northeast side of Parcel B. See image below.

Section 5.15.D 11. Includes Design Review criteria that are relevant to the protection and replacement of native trees.

Developments shall be planned to avoid removing trees, if feasible. At least two trees shall be planted for every one removed to accommodate development facilitated by the General Plan. Visually attractive native trees species, such as bishop pine and sargent cypress, shall be the preferred species used, as they require less water, herbicides, pesticides, and are valuable to wildlife resources.

This issue has been addressed in the MND through a required Mitigation Measure BIO-6c, which requires replacement of removed trees with native trees at a ratio of 2 to 1.

ESHA ANALYSIS
The City’s General Plan includes policies within the Open Space and Conservation Element aimed at protecting natural resources. These policies require the protection of environmentally sensitive habitat areas (ESHAs) and aim to enhance wildlife habitats. Open Space and Conservation Element Policy 14 establishes a 500-foot riparian setback area from the centerline of Arena Creek for the protection of Point Arena Mountain Beaver (PAMB). Within this setback area, the Zoning Ordinance requires surveys by a qualified biologist for signs of PAMB, and mitigation measures to be implemented limiting development activities and noise-generating construction activities proximate to identified habitat during the December 15 through June 15 breeding season.

STAFF REPORT CDP# 2023-01, Use Permit# 2024-01 (Hansen) June 25, 2024
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In addition to PAMB, ESHAs are protected in the California Coastal Zone by implementation of City Zoning Code Section 18.25.220. Development in or adjacent to ESHA are required to meet the standards outlined in that section, notably a requirement that most development be prohibited within 100 feet of ESHA. ESHA buffers may be reduced to 50 feet after consultation with the California Department of Fish and Wildlife (CDFW) and concurrence that 100 feet is not necessary to protect the resource or habitat.

Rhiannon Korhummel, Senior Plant Biologist with WRA, surveyed the Project site on April 23, 2022 and on June 5, 2022 to evaluate the potential presence of special-status botanical and biological species, to assess the presence of suitable habitat for special-status species, and to determine and map the presence of critical habitat, essential fish habitat, and wildlife corridors (Environmentally Sensitive Habitat Area Survey, November 2022). Per the report, most of the Project site is either classified as developed lands or non-native annual grassland, characterized by Sweet Vernal Grass Meadow Semi-Natural Alliance. The areas identified as non-native grassland consists of less than 10 percent relative cover of natural species.

While no individual special-status wildlife or plant species were observed during any site visit, the survey and a subsequent memo which addresses fish habitat conclude that the following special-status resources and/or their habitats as either present at the Project site, likely to be present, or assumed to be present:

Resource Resource Type Status/Designation Survey Notes
Red Alder Forest Sensitive Natural
Community
(Riparian), ESHA
CDFW G5:S4 Observed on site,
mapped in ESHA
report.

Arena Creek Perennial Stream,
ESHA
Jurisdictional under
Clean Water Act.

NMFS Essential Fish
Habitat
Observed on site,
mapped in ESHA
report.

Point Arena
Mountain Beaver
Special-Status
Species
Federal Endangered,
CDFW Species of
Special Concern
Not observed on site,
high potential of
occurrence.

Consultation with
CDFW regarding the
project determined
that PAMB is not
located onsite.

Western pond
turtle
Special-Status
Species
CDFW Species of
Special Concern
Not observed on site,
presence is
presumed.

California redlegged frogSpecial-Status
Species
Federal Threatened,
CDFW Species of
Special Concern
Not observed on site,
presence is
presumed.

Steelhead Special Status
Species
Federal Threatened,
CDFW Species of
Special Concern.

Not observed on site,
presence is
presumed.

Coho Salmon Special Status
Species
Federal Endangered,
State Endangered.

Not observed on site,
presence is
presumed.

Riparian vegetation is present along the banks of Arena Creek. The canopy is intermittent and dominated by red alder with Sika willow and Pacific willow. The English ivy and Himalayan blackberry are invading the riparian vegetation. To prevent degradation to the existing structures, portions of riparian vegetation adjacent to structures are regularly maintained through weed-eating and tree pruning.

Potential project impacts:

STAFF REPORT CDP# 2023-01, Use Permit# 2024-01 (Hansen) June 25, 2024
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• Five new, very small lodging units are proposed between the 50-foot and 100-foot buffer from the edge of the riparian vegetation.
• Improvements are proposed to the existing southern structure (including painting, re-roofing, and upgrades to existing features) which is located immediately adjacent to the riparian area, within the 50-foot buffer.
• Additionally, the southwest portion of the southern structure would be entirely replaced, and this structure is located within the 50-foot buffer from a riparian ESHA.

The MND includes a number of mitigation measures which would minimize these impacts in compliance with the Certified LCP, and the staff report includes Special Condition 1 to ensure that all mitigation measures are met by the project. Additionally, the Biologist prepared a subsequent Memo regarding steelhead and Coho which recommends 4 additional special conditions to mitigate potential impacts to Coho Salmon to a less than significant level and for conformance with the City’s Certified LCP. The relevant mitigation measures from Special Condition 1 include the following:

Biological Mitigation Measures from the MND, which are incorporated into Special Condition 1.

BIO IMPACT 1: Approximately 0.07-acre of the undeveloped 100-foot buffer will be permanently impacted through development of the rental units and a parking lot. Approximately 0.04-acre of the undeveloped buffer will be temporarily impacted from grading and land disturbance during construction. Temporary impacted areas will return to pre-construction conditions (i.e., non-native herbaceous vegetation) following construction.

The following mitigation measures will reduce the potential impacts to the riparian 50-to 100-foot buffer and allow the Project to meet the Required Findings:

MM BIO-1a: The riparian buffer shall be enhanced through plantings of native shrubs and management of invasive species. A plant palette of suitable native species is included in Table 2 STAFF REPORT CDP# 2023-01, Use Permit# 2024-01 (Hansen) June 25, 2024
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below4. The area of enhancement shall be a 25-foot-wide strip adjacent to the Project Area within the undeveloped 50-foot riparian buffer. The intention of the planting is to create a minimum fifty (50) percent absolute cover of the 25-foot-wide buffer with native shrubs once plants reach maturity.

Implementation of plantings/irrigation/management should be overseen by landscape professionals with experience planting and maintaining native species. Invasive species shall include any Cal-IPC ‘High’ plants and will not include grass species5. Management of invasive species shall be conducted for three (3) years. Invasive species observed, or which may occur in the Study Area, and should be target species that are managed are included in Table 3.

Table 2. Native Planting Palette
Common Name Scientific Name
Wax myrtle Morella californica
California blackberry Rubus ursinus
Coyote bush Baccharis pilularis
California coffeeberry Frangula californica ssp. californica Sword fern Polystichum munitum
Red elderberry Sambucus racemosa
Oso berry Oemleria cerasiformis
Silk tassel Garrya elliptica
Table 3. Target Invasive Species
Common Name Scientific Name
English Ivy Hedera helix
Cape ivy Delairea odorata
Himalayan blackberry Rubus armeniacus
Pampas grass Cortaderia spp.

Periwinkle Vinca major
Sources for locally sourced native plantings includes Jughandle Farm Nursery, Mendocino Coast Botanical Gardens, Samara Restoration.

Control of invasive grass species is highly challenging, and that level of restoration is determined not necessary for this project due to existing conditions and proposed Project.

MM Bio 1b: Only native plant species shall be included in landscaping within the 100-foot riparian buffer.

BIO IMPACT 2: Land disturbance activities may create conditions which could cause erosion, sediment deposition, or pollution into riparian vegetation and/or Arena Creek.

MM BIO 2a: Land disturbance activities will occur during the general dry season June 1 through October 15. Erosion control measures (i.e., weed-free, jutes straw waddle, weed-free straw bales, silt fencing, tarps) shall be staged on-site prior or at initiation of land disturbance activities in case rain-event may occur.

MM BIO 2b: If a rain event in excess of 0.25-inch over a 24-hour period occurs during the construction phase, all activities shall cease for 24 hours after perceptible rain ceases. Erosion control measures (e.g., weed-free straw waddle, weed-free straw bales, cover bare soil) shall be deployed in the event of unseasonable rains.

MM BIO 2c: Spill prevention materials shall be on-site for all materials and equipment; all construction personnel shall stop work and deploy spill prevention materials in the event of escaped STAFF REPORT CDP# 2023-01, Use Permit# 2024-01 (Hansen) June 25, 2024
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petrol, oil, solvents, paints, etc. No equipment or other materials which may cause pollution to the riparian/stream shall be stored or staged within the 100-foot riparian buffer.

MM BIO 2d: To minimize soil and vegetation disturbance within the buffer, temporary fencing shall be placed at the edge of land disturbance activities and outside the 50-foot buffer. No land disturbance or material/equipment staging shall occur outside the fencing and construction staff will be informed on the purpose of the fencing. Fencing shall be removed upon completion of the Project.

BIO IMPACT 3: Installation and removal of scaffolding around existing structures will occur in riparian vegetation. Existing riparian vegetation will be trampled for installation and for access during improvements. Scaffolding will reduce regular trampling for most of the vegetation as the vegetation will be located under the scaffolding. However, portions within the pathway for access to the scaffolding will be trampled regularly. Building improvements may introduce debris or pollutants (i.e., paint, etc.) into the riparian vegetation.

MM BIO 3a: Use of the scaffolding within riparian vegetation shall be limited to the minimum amount necessary to complete necessary improvements. Scaffolding shall be installed and removed with the fewest people possible and shall remain in place for the shortest duration feasible.

MM BIO 3b: Scaffolding shall be installed and used in riparian vegetation at the driest portion of the dry season, as feasible. Natural wooden boards (i.e., not treated) shall be laid down along the access path to scaffolding within riparian vegetation.

MM BIO 3c: Construction netting shall be installed to capture any debris which may fall from the structures or scaffolding. Appropriate equipment and methods for any potential pollutant materials (i.e., paint, etc.) which are to be applied to the structures shall be used in a manner which will reduce drift, leaking or spillage. Any debris which may fall on the ground shall be removed by the end of the workday.

MM BIO 3d: No herbaceous riparian vegetation shall be removed, and no woody riparian vegetation shall be limbed or otherwise removed.

BIO IMPACT 4: California red-legged frog or western pond turtle may utilize the undeveloped portion of the Project Area or riparian habitat as upland dispersal habitat during the rainy season or as upland refugia during the dry season; if CRLF is present, then “take” of CRLF may occur. Use of existing developed land by CRLF or WPT is unlikely.

MM BIO 4a: All land disturbance of undeveloped land, including woody vegetation removal, shall occur during the dry season (June 1 through October 15) when special-status wildlife species are less likely to be dispersing.

MM BIO 4b: A qualified biologist shall conduct a pre-construction survey no more than 24 hours prior to initiation of land disturbance. The biologist shall inspect gopher holes and any other potential upland refugia where CRLF or WPT may occur. If CRLF is found, the qualified biologist shall follow instructions outlined on the USFWS Technical Assistance Letter (Appendix F). If WPT is found, the qualified biologist shall consult with CDFW.

MM BIO 4c: A biological education program shall be provided by a qualified biologist to all personnel that will be present at the site during ground disturbance and related activities. Following worker education, each construction work member present is anticipated to have the information needed to identify each species and be relied upon to follow measures should a CRLF or WPT be observed.

The worker education program shall include information regarding the identification and natural history of each species (including photographs), the potential for occurrence of each species within work areas, protocols to be followed for daily surveys, the legal status and the ramifications for take, the purpose of the exclusion fencing and importance of maintaining it, and specific measures being implemented to avoid impacts to each species. Contact information for USFWS staff and Project biologist shall be provided during the training.

MM BIO 4d: Trained workers shall conduct daily surveys for CRLF in the Project Area prior to daily work. If CRLF is observed in the course of pre-construction or daily surveys or during work, all STAFF REPORT CDP# 2023-01, Use Permit# 2024-01 (Hansen) June 25, 2024
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ground disturbance shall halt and USFWS and Project biologist shall be notified immediately. The CRLF shall be addressed as outlined in the USFWS Technical Memo (bullet point 3).

MM BIO 4e: If WPT is observed in the course of construction activities, all ground disturbance shall halt, and the Project biologist shall be notified immediately. Construction activities shall resume once the WPT has exited the area of active construction and is out of harm’s way.

MM BIO 4f: All ground disturbing activities shall cease for 24 hours following a rainfall event where

0.25- inches or greater of precipitation within a 24-hour period was predicted for the Point Arena area.

MM BIO 4g: Symbolic fencing and signs shall be installed following completion of the Project to discourage human or pet entry into the buffer, riparian vegetation, and stream.

MM BIO 4h: All CRLF conditions outlined in the USFWS Technical Assistance Letter shall be observed.

BIO IMPACT 5: Construction related activity and sound may disturb nesting special-status birds in the riparian vegetation. In addition to the special-status bird, a variety of non-status bird species with baseline protections under the Migratory Bird Treat Analysis (MBTA) and CFGC may use trees and shrubs within the Study Area for nesting.

Once it is determined that the young have fledged (left the nest) or the nest otherwise becomes inactive (e.g., due to predation), the buffer may be lifted, and work may be initiated within the buffer.

If land disturbance or vegetation removal ceases for longer than 14 days, another nesting survey should be conducted prior to beginning such activities (if within nesting bird season), as nests may have been established during the time of no activity.

BIO IMPACT 6: Regulatorily Required Mitigation Measures.

MM BIO-6a: The applicant shall submit a revised site plan that does not include the proposed Windmill and the proposed windmill shall not be constructed as part of this project.

MM BIO 6b: That applicant shall submit a Building Permit for this project which does not include construction of the retaining wall along the southern edge of Building W/E 1 and Building W/E 2.

MM BIO-6c: prior to issuance of the building Permit, the applicant shall submit a landscaping plan that illustrates at least 14 native California trees. The trees shall be planted prior to approval of the building permit final.

Additionally, the City of Point Arena Municipal Code includes different regulations related to new development within an ESHA/ESHA buffer and the repair or replacement of existing development within an ESHA/ESHA buffer as follows:

Section 18.25.220 Development in or Adjacent to Environmentally Sensitive Habitat Area:

No new development shall be allowed within or adjacent to riparian corridors along Arena Creek, or other Environmentally Sensitive Habitat Areas where mapped (on the opportunities and constraints map: biological resources and trails) or other unmapped ESHAs that meet the ESHA criteria contained in Land Use Plan (LUP) Chapter X Section

2.4 without first obtaining appropriate permits. New development includes, but is not limited to, vegetation removal, grading, filling, soils or refuse dumping, and the alteration of creek banks. New development adjacent to ESHA shall provide native vegetation buffer areas to serve as transitional habitat and provide distance and physical barriers to human intrusion.

STAFF REPORT CDP# 2023-01, Use Permit# 2024-01 (Hansen) June 25, 2024
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The buffer area shall be a minimum of 100 feet and shall be larger if necessary to protect the resources of the particular habitat area from possible significant degradation caused by the proposed development. No buffer may be less than 100 feet unless it can be demonstrated, based on the criteria below and after city consultation with the California Department of Fish and Wildlife, that 100 feet is not necessary to protect the resources of the particular habitat area from possible significant degradation caused by the proposed development. No buffer area may be less than 50 feet in width.

Pre-existing buildings and non-conforming uses within riparian buffer zones may continue as legally non-conforming, but no additions that encroach closer to the stream or creek shall be permitted, with the following exceptions contingent upon the four required findings described below:

1. Required Findings
a) The proposed development has been sited and designed to prevent significant impacts to the habitat values, functional capacity, and species diversity of the adjacent riparian habitat area.
b) The proposed development is compatible with the continuance of such habitat areas. c) Soils and vegetation removal and disturbances shall be minimized. d) Non-native vegetation shall not be planted except for the continuance of existing agricultural practices.

The proposed project includes repair and reconstruction of existing structures that are located within the 50-foot buffer area of the Red Alder ESHA and associated riparian area and perennial stream. The proposed work on the pre-existing buildings would not encroach further into the riparian buffer and thus can continue as legal non-conforming uses.

The applicant has proposed construction of a new 2-foot-high retaining wall which would encroach an additional foot into the buffer on the south side of the building. The eastern portions of the retaining wall do not encroach further into the ESHA or ESHA buffer. It may be difficult to make the findings with respect to the construction of the retaining wall along the south side of the Project’s buildings WE2 and WE1. The potential impacts of the construction of the retaining wall were included in the Biological Report which included mitigation measures to reduce the potential impacts of this construction to a less than significant impact. The MND included an additional Mitigation Measure BIO-6b to eliminate this section of the retaining wall from the project, as the General Plan Policy expressly prohibits the expansion of an existing structure further into an ESHA buffer.

Point Arena Mountain Beaver (PAMB). Section 5.24 of the Point Arena Zoning Code outlines requirements for developments located within PAMB and the Mountain Beaver Buffer Area. No sign of PAMB occupancy was found per the required Biological survey and a subsequent survey by USFWS in 2022. Through onsite surveys and USFWS consultation, the biological report concluded that PAMB is not present and no take of PAMB is anticipated from the project.

Western Pond Turtle (WPT). The WPT is the only native freshwater turtle in California. Turtles require suitable aquatic habitat for most of the year; however, WPT often occupies creeks, rivers, and coastal lagoons that become seasonally unsuitable. The Study Area contains a perennial stream which may provide suitable dispersal habitat. The riparian area along the stream is also suitable dispersal habitat.

Nesting on adjacent uplands is unlikely due to regular human activity, per the report. Per the MND, mitigation measures BIO-1a-b, BIO-2a-d, BIO 3a-d, BIO 4a-h and BIO 5a would reduce impacts to specialstatus species and comply with the City’s Certified LCP (Zoning Code and General Plan).

STAFF REPORT CDP# 2023-01, Use Permit# 2024-01 (Hansen) June 25, 2024
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Birds and Bats. The Biologist who prepared the Biological Report did not notice that the project site plan includes a windmill. The proposed windmill would be 40 feet and has the potential to impact both birds and bats through accidental collisions. As this potential impact was not analyzed in the Biological Report, the applicant was provided the option of paying for an additional report that would analyze potential impacts to bird and bats or a mitigation measure would be required that would remove the windmill from the project.

The applicant chose to eliminate the windmill from the project per the MND’s Mitigation Measure BIO-6a.

Steelhead and Coho. Arena creek is present in the Study Area, with the top-of-bank (TOB) located immediately adjacent to existing developed areas that are proposed for remodeling. Arena Creek is identified as critical habitat for steelhead and coho, with documented occurrences of steelhead within the creek (CDFW 2024) and is considered essential fish habitat (NMFS 2024b). Arena Creek is likely to support rearing fish, including coho and steelhead. The species are described below.

Steelhead - Northern California Distinct Population Segment (DPS) (Onocorhynchus mykiss: steelhead), Federal Threatened, CDFW Species of Special Concern. The federal designation refers populations occurring below impassable barriers in coastal basins from Redwood Creek to, and including, the Gualala River. The state designation refers only to the summer-run. The majority of adult steelhead enter the river in the fall or winter and spawn in early winter or spring, although summerrun steelhead enter much earlier in late spring to early summer and spawn winter or spring. Spawn in cool, clear streams with high dissolved oxygen and gravel riffle substrate. Deeper pools with sufficient riparian cover for rearing are necessary for successful breeding.

Coho salmon - Central California Coast Evolutionarily Significant Unit(ESU) (O. kisutch: coho), Federal Endangered, State Endangered. The Central California Coast ESU includes all naturally spawned populations of coho salmon (and their progeny) in California streams from the Eel River to Aptos Creek, including the Russian River and its tributaries, excluding the Sacramento-San Joaquin River Basin. Coho salmon typically migrate in late fall to early winter to spawn in smaller coastal streams. Spawning migration known as “runs” occur throughout the year.

Most adult fish return “home” maintaining fidelity to their natal stream. Preferred spawning habitat for coho salmon is small freshwater streams with cool to cold water temperature, medium to small gravel substrate, and high dissolved oxygen levels at the head of a riffle where water changes from laminar flow to turbulent flow (providing greater dissolved oxygen). Abundant riffle areas (shallow areas with gravel substrate) for spawning and deeper pools with sufficient riparian cover for rearing are necessary for successful breeding. Spawning occurs mainly between November and January, but can occur as late as March during drought conditions.

WRA prepared a memo to specifically analyze the potential impacts of this project on salmonid populations (see Attachment X). The memo notes that “salmonoid critical life phases and migration events would happen outside of the work window recommended (in Special Condition 7) below.”
The Memo also includes a comprehensive Development Criteria Analysis based on the City of Point Arena Municipal Code 18.25.220 and 18.25.240. The project complies with the buffer analysis given the comprehensive list of mitigation measure required in the MND including Mitigation Measures BIO7A, BIO-7B, BIO-7C and BIO-7D.

BIO-7a: No construction related debris will be staged within the 50-foot buffer, or in areas where such debris may wash into the creek. Any refueling of equipment should also occur outside of the STAFF REPORT CDP# 2023-01, Use Permit# 2024-01 (Hansen) June 25, 2024
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100-foot riparian buffer.

BIO-7b: Under no circumstances should any wash water or wastewater from construction be allowed to enter Arena Creek.

BIO-7C: Construction netting or tarps should be installed beneath scaffolding along the creek to capture any debris which may fall from the structures or scaffolding, preventing it from entering Arena Creek. Appropriate equipment for application of materials (i.e., paint, etc.) which is to be applied to the structures should be used. The manner in which materials are applied should be the least likely to cause drift, leaking or spillage. Any debris which may fall on the ground should be removed by the end of the workday.

BIO-7d: Land disturbance activities will occur during the general dry season June 1 through October

15. Erosion control measures (i.e., weed-free jutes straw waddle, weed-free straw bales, silt fencing, tarps) should be staged and installed on-site prior or at initiation of land disturbance activities in case rain-event may occur.

WATER QUALITY
As illustrated in the Table below the Project would result in 42 percent of the site being covered in impervious surfaces and 57 percent of the site being covered in pervious surfaces. This is a small reduction in the overall impervious surfaces on the site. The prior development had 60 percent of the site covered in impervious surfaces. Therefore, the Project would result in a slight decrease in stormwater runoff from the site.

Section 5.34 of the Point Arena Zoning Code requires:

Proposed Project Square Feet %
Building Footprints 9,343 18.16%
Parking & Driveways 12,747 24.78%
Total Impervious Area 22,090 42.94%
Landscaped Areas 9,729 18.91%
Open Space 6,445 12.53%
ESHA – Protected Open Space 13,180 25.62%
Total Pervious Area 29,354 57.06%
Total 51,444 100.00%
Prior Project SF %
Prior Development Foot print 31,233 60.71%
Prior Pervious Area 20,211 39.29%
Total 51,444 100.00%
Wildflower East - Total SF of Project Components and
Impervious Surfaces Prior and Proposed
STAFF REPORT CDP# 2023-01, Use Permit# 2024-01 (Hansen) June 25, 2024
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All development shall be evaluated for potential adverse impacts to water quality, and the applicant shall incorporate Site Design, Source Control, and, where required, Treatment Control Best Management Practices (BMPs) to minimize polluted runoff and water quality impacts resulting from the development.

Site Design and Source Control BMPs are required for all development. In addition, all proposed “Developments of Special Concern” as described in 5.34(B) require the submittal of a Water Quality Management Plan (WQMP) that evaluates whether the development’s Site Design and Source Control measures have adequately minimized post construction impacts to water quality, or whether structural Treatment Control BMPs are also necessary.

The zoning code includes the following types of “Development of Special Concern” that apply to the project:
• Re-development project that results in the creation, addition, or replacement of 5,000 SF or more of impervious surface area on an already developed site.
• Parking lot of 5,000 SF or more of impervious surface area, or with 25 or more parking spaces.

Therefore, the project is a “Development of Special Concern” and a Water Quality Management Plan is recommended as a condition of approval of the project. Per Section 5.34(B) of the Point Arena Zoning Code, the Water Quality Management Plan must be certified by a California Registered Civil Engineer and approved by the City. Information to be included in the Water Quality Management Plan is clearly outlined in Section 5.34(B) of the Point Arena Zoning Code.

Special Condition 2: Prior to issuance of the Coastal Development Permit, the applicant shall submit a Water Quality Management Plan, certified by a Registered Civil Engineer, to be approved by the City. The Water Quality Management Plan shall contain all pertinent information as outlined in Section 5.34(B) of the Point Arena Zoning Code.

ARCHITECTURAL/HISTORICAL and ARCHEOLOGICAL RESOURCES
Archeological & Cultural Resources. During the autumn of 2023, William Rich and Associates (WRA) completed a cultural resources survey at Assessor’s Parcel Numbers (APN) 027-122-020 and 027-122- 021, at 135 Main Street and 165 Main Street in Point Arena, Mendocino County, California. No archaeological resources were found on site. The MND includes two Mitigation Measures which address unexpected discoveries of cultural or human remains, which are also part of Special Condition 1.

Historic Buildings. The project archaeologist found that buildings which formerly constituted the Sea Shell Inn and the former gas station do not qualify as a historical resource for the purposes of CEQA (15064.5 (a)). The original hotel at this location was in place by 1946; it was expanded around 1970 and operated as the Sea Shell Inn until it closed in 2011, after which it was partially demolished. The former Standard Oil Station building, at 165 Main Street, is within the Point Arena Main Street Historic Commercial District (NRHP #90001364). This building remains standing and is being remodeled consistent with its architectural merits described in the District record by Napoli and Lortie (1990) and will remain in use as a commercial storefront. All other buildings in the survey area that remain standing were built after the period of significance of the District (1893-1940), and thus do not appear to contribute to the significance of the District, nor would be considered individually eligible for listing.

STAFF REPORT CDP# 2023-01, Use Permit# 2024-01 (Hansen) June 25, 2024
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UTILITIES
Wastewater. The site is located within the City’s Wastewater District. The project is expected to increase sewer use by 37 ESD (Equivalent Standard Dwelling) over the current use (see Table 3 below).

Table 3: Water & Wastewater Calculations for Wildflower East User Category ESD/Unit Proposed
# of Unit Total ESD Gal/Unit Unit Description
Apartment 1 4 4 200 gal/d per 1-2
bdrm. residence
Hotel Dwelling Unit w/ kit. 0.8 5 4 160 gal/d per unit
Hotel Sleeping Unit w/o kit.,
laundry 0.8 20 16 160 gal/d per unit
Full Service Restaurant w/o bar 0.0145 940 13.63 2.9 gal/d/ft2 dining area
Total 37.63 4,040
Water Services. The site is located within the Point Arena Water Works service district (PAWW), which is a private water company that provides potable water within its service area, which is the same as the City boundary. PAWW is a Class D water utility, having less than 500 connections. PAWW is under the jurisdiction of the California Public Utilities Commission (CPUC). The project was referred to PAWW, which responded with no comment.

TRANSPORTATION/CIRCULATION
The eventual build-out of all existing and potential new parcels and their traffic load was analyzed during the General Plan and Zoning Ordinance update. The existing roadway system was deemed to be adequate to serve the probable future demand of existing and Principally Permitted Uses. Most of this project is principally permitted. Only the four residential units require a conditional use permit and this is not sufficient development to impact the City’s roadway system.

The project was referred to the Consulting City Engineer, Jason Island of SHN Consulting, who responded with no comment regarding the project.

The Project was referred to Caltrans for comment and review for consistency with their requirements.

Caltrans reviewed the Project and they requested that the commercial driveway be a minimum of 25 feet but no wider than 35 feet. The Project applicant has proposed a driveway of 28 feet in width, which is closer to the preferred minimum recommended by Caltrans. Additionally, the Project fronts SR1, which provides 16-foot sidewalks along the parcel frontage, exceeding Caltrans’ preferred minimum sidewalk width of 6 feet.

The MND analyzes total vehicle miles traveled for the proposed project and concluded that the project would not have a significant impact on vehicle miles traveled.

LOT LINE ADJUSTMENT
The applicant has submitted a Lot Line Adjustment map and revised legal description for each parcel as required for a lot line adjustment. That map includes a mutual easement which is required so that each parcel provides shared access to the proposed shared parking for the site. The plan also includes a legal STAFF REPORT CDP# 2023-01, Use Permit# 2024-01 (Hansen) June 25, 2024
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description of this shared easement. The applicant will need to submit the map and legal description to the County recorder upon approval of the Lot Line Adjustment and respond to any required Special Conditions in the staff report which might require changes to the map and/or legal description.

Each parcel can be served directly by utilities (power, water, sewer, drainage), and no utility easements are required for the project.

If approved, the proposed Lot Line Adjustment would ensure that no new non-conforming setbacks are created as a consequence of the Lot Line Adjustment. Additionally, the new lot configuration will make the setbacks for the two buildings on resulting Parcel A more conforming (see Figure 2 and 3 below).

Additionally, as noted earlier in this report, the proposed parcels would comply with minimum lot width and size requirements which are enumerated in the zoning code (see page 5).

Figure 2: Existing Parcel Lines Figure 3: Proposed Parcel Lines RECOMMENDED ACTION:

Hold a hearing, receive public testimony, deliberate and adopt:

1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POINT ARENA,

CALIFORNIA CERTIFYING THE MITIGATED NEGATIVE DECLARATION FOR THE WILDFLOWER WEST PROJECT (SCH: 2024040981);

ADOPTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
FINDINGS; AND ADOPTING A MITIGATION MONITORING AND

REPORTING PROGRAM
STAFF REPORT CDP# 2023-01, Use Permit# 2024-01 (Hansen) June 25, 2024
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2. RESOLUTION OF THE POINT ARENA CITY COUNCIL

APPROVING A USE PERMIT, COASTAL DEVELOPMENT PERMIT AND LOT

LINE ADJUSTEMENT FOR THE WILDFLOWER EAST PROJECT LOCATED AT 135 AND 165 MAIN STREET.

Staff Report Prepared By:
___________________________ _______________________________________ Date Marie Jones
Consulting City Planner
Attachments:

1. Resolution of the City Council of the City of Point Arena Certifying the Mitigated Negative Declaration for the Wildflower West Project (Sch: 2024040981); Adopting the California Environmental Quality Act Findings; and Adopting the Mitigation Monitoring and Reporting Program

2. Resolution of the Point Arena City Council Approving a Use Permit (UP 24-1), Coastal Development Permit (CDP 23-1) and Lot Line Adjustment (LLA 24-1) for the Wildflower East Project Located at 135 and 165 Main Street.

3. Mitigated Negative Declaration for Wildflower East Hotel

4. Mitigation Monitoring and Reporting Plan

5. Wildflower East Biological Survey and ESHA Report

6. Addendum to the Biological Survey and ESHA Report - Salmon Letter

7. Wildflower East Project Plans

8. Agency Comment Letters

9. Public Comments Letters
STAFF REPORT CDP# 2023-01, Use Permit# 2024-01 (Hansen) June 25, 2024
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SUMMARY OF REFERRAL AGENCY COMMENTS:

City Engineer/Public Works No comment.

Point Arena Water Works No comment.

County Assessor No response.

Coastal Commission No response.

Redwood Coast Fire Protection No comment.

Environmental Health – Mendo County The facility will need to submit an application to Operate a Food Facility to reopen the restaurant. The application packet should include the menu, new equipment specification sheets, and floor plans. Depending on the scope of work in the kitchen, a Major or Minor Plan Check may be required. If the applicant has any further questions for the permitting process or fees associated with operating a Food Facility, they are welcome to contact Environmental Health.

Building Inspection – Mendo County The County of Mendocino Building Department approves the requested items for this proposed project currently, contingent upon Planning approval.

All proposed items mentioned in the request are required to have detailed plans and calculations submitted prior to the issuance of any building permits.

Air Quality Management District No response.

Caltrans We encourage the applicant to widen the sidewalks, if possible. Caltrans has a goal to widen sidewalks beyond the minimum six-foot-wide standard to a more functional eight-feet wide, where possible (exclusive of curb) on all projects. The traffic circulation on-site and within the adjacent public rights of way seems acceptable, however, we request that the driveway width be evaluated to determine whether it should be narrowed. A commercial driveway should be a minimum of 25-feet and no wider than 35- feet in width but should be no wider than necessary to accommodate turning vehicles. If the driveway on SR 1 will be relocated from its current location, the driveway will need to be built to State standards and unnecessarily wide areas of driveway must be converted to sidewalk. Any work within Caltrans Right-of-Way will require an Encroachment Permit from Caltrans.

Regional Water Quality Control Board Provided comments on the MND which have been addressed in the Staff Report.

California Historical Resources Info Required the applicant to complete an Archaeological Study, and noted that the proposed project area contains a recorded building at165 Main Street [5468-0003-0001]. This building has a status code of 1D, meaning it is a contributor to a district listed in the National Register by the Keeper. In addition, the proposed project area is located within the boundary of the National Register-listed Main Street Historic Commercial District [NPS90001364-9999]. Prior to commencement of project activities, it is recommended that these resources be assessed by a qualified professional familiar with the architecture and history of Mendocino County.

USFWS Completed a PAMB survey and submitted a survey letter. “The subject property contains potentially suitable PAMB habitat only along its southern edge along Point Arena Creek. Additional suitable habitat occurs south of the subject property across Point Arena Creek on an adjacent private parcel containing a residence. All suitable habitat within 100 feet of the proposed activities were surveyed for PAMB occupancy except for a portion of the private property immediately south of the subject parcels that had "No Trespassing" signs. However, this unsurveyed area included the residence mentioned above, and was mowed and occupied by dogs, thus unlikely to be suitable for or occupied by PAMB. No sign of PAMB occupancy was found during a 1.25-h presence-absence survey conducted by three STAFF REPORT CDP# 2023-01, Use Permit# 2024-01 (Hansen) June 25, 2024
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Service-trained surveyors within suitable PAMB habitat. Accordingly, the Service has determined that the project as described is unlikely to result in incidental take of PAMB, and can proceed at any time.”
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RESOLUTION NO. PC -2022

RESOLUTION OF THE POINT ARENA CITY COUNCIL

APPROVING A USE PERMIT, COASTAL DEVELOPMENT PERMIT AND LOT LINE ADJUSTEMENT FOR THE WILDFLOWER EAST PROJECT LOCATED AT 135 AND 165 MAIN STREET
WHEREAS, 610 LLC/ Jeffrey Hansen (“Applicant”), submitted an applicant for a Coastal Development Permit, Use Permit and Lot Line Adjustment to transfer 0.145 acres (6,316.2 SF) from Parcel B (APN 027-122-21) to Parcel A (027-122-20), and a Coastal Development Permit and Use Permit to: 1) reestablish a residential use and reuse a building for a restaurant and construct a 280 SF trellis on Parcel A; 2) reestablish and rehabilitate lodging, restaurant, and residential use on Parcel B, 3) demolish existing 3,880 SF structure on Parcel B; 4) construct five (5) detached lodging units of 160 SF each on Parcel B and; 6) other associated site work as demonstrated on the project plans; and
WHEREAS, 135 and 165 Main Street Point Arena, California (Assessor Parcel Numbers: 027-122-20 and -21) is in the Highway Commercial zoning district and no changes to the site’s current zoning designation are proposed under the Project; and WHEREAS, the Project is subject to the Point Arena General Plan and zoning ordinance; and
WHEREAS, the City Council held a duly noticed public hearing on June 25, 2024, to consider the Project, accept public testimony; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State guidelines and City environmental regulations, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, staff prepared an MND to evaluate the impact of the proposed project on the environment pursuant to CEQA and Title 14, California Code of Regulations, Section 15074 et seq. ("CEQA Guidelines"); and WHEREAS, the MND (State Clearinghouse No. 2024040981) was circulated for more than the required 30-day public review and comment period, beginning on April 23, 2024 and ending on June 25, 2024; and
WHEREAS, during this period, on June 25, 2024, a public hearing was held by the City Council to receive comments on the MND in accordance with the provisions of the Point Arena Zoning Ordinance; and
NOW, THEREFORE, BE IT RESOLVED that the City of Point Arena City Council, based on the entirety of the record before it, which includes without limitation, CEQA, Public Resources Code §21000, et seq. and the CEQA Guidelines, 14 California Code of Regulations §15000, et seq.; the Point Arena General Plan; the Point Arena zoning code; the Project applications; all site plans, and all reports and public testimony submitted as part of the City Council meeting of June 25, 2024 and City Council deliberations; and any - 2 -
other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), the City Council of the City of Point Arena does hereby make the following findings and determinations:

Section 1. Findings for approval of Use Permit to allow the operation of four apartment units.

1.That the proposed use at the size and intensity contemplated, and at the proposed location, will provide a development that is necessary or desirable for, and compatible with, the neighborhood or the community; and

2.That such use as proposed will not be detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity, or injurious to property, improvements or potential development in the vicinity, with respect to aspects including but not limited to the following:
a) The nature of the proposed site, including its size and shape, and the proposed size, shape and arrangement of structures; and b) The accessibility and traffic pattern for persons and vehicles, and the type and volume of such traffic, and the adequacy of proposed off-street parking and loading; and
c) The safeguards afforded to prevent noxious or offensive emissions such as noise, glare, dust and odor; and
d) Treatment given, as appropriate, to such aspects as landscaping, screening, open spaces, parking and loading areas, service areas, lighting and signs; and

3. That such use or feature as proposed will comply with the applicable provisions of this ordinance, will be consistent with the policies and programs of the General Plan and will assist in carrying out and be in conformity with the Point Arena Coastal Program; and

4. That the proposed use or feature will have no significant adverse environmental impact or there are no feasible alternatives, or feasible mitigation measures, as provided in the California Environmental Quality Act, available which would substantially lessen any significant adverse impact that the actions allowed by the conditional use permit may have on the environment; and

5. When the subject property is located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide line where there is no beach, whichever is the greater, that:
a) The development provides adequate public access from the nearest public roadway to the shoreline and along the coast and/or does not interfere with such uses already in existence; and
b) The development adequately protects public views from any public road or from a recreational area to, and along, the coast; and c) The development is compatible with the established physical scale of the area; and
d) The development does not significantly alter existing natural landforms; and
e) The development complies with shoreline erosion and geologic setback requirements.
- 3 -

6. That the remainder of the project is composed of permitted uses that are permitted by right in Highway Commercial Zoning District.

Section 2. Findings for approval of a Coastal Development Permit to allow the entire project and Lot Line Adjustment

1. The proposed development as described in the application and accompanying materials, if constructed as modified by any conditions of approval is in conformity with the city of Point Arena’s certified local coastal program, will not adversely affect coastal resources; and

2. Feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the development on the environment and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act; and

3. The proposed use is consistent with the purposes of the zone in which the site is located; and

4. The proposed development is in conformance with the City of Point Arena’s general plan; and

5. The project, as proposed, will have no significant adverse scenic or visual impacts due to project design, location on the site or other reasons;

6. The project, as conditioned, will not have significant adverse scenic or visual impacts due to required project modifications, landscaping or other conditions;

7. The project, as proposed or as conditioned, is the least environmentally damaging alternative;

8. The proposed location of the use and conditions under which it may be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity;

9. Services, including, but not limited to, water supply, sewage disposal, solid waste, and public roadway capacity have been considered and are adequate to serve the proposed development;
The Project is also subject to the following general findings and determinations, based on analysis and testimony presented at the June 25, 2024 hearing, incorporated herein:

1. The foregoing recitals are true and correct and made a part of this Resolution;

2. The documents and other material constituting the record for these proceedings are located at the Planning Department;

3. The proposed project is consistent with the purpose and intent of the zoning district, as well as all other provisions of the General Plan, the Zoning Code and the Certified LCP;

4. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity;

5. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and - 4 -
medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), to ensure that the type, density, and intensity of use being proposed would not endanger, jeopardize, or otherwise constitute a hazard to the public interest, health, safety, convenience, or welfare, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zoning district in which the property is located.

BE IT FURTHER RESOLVED that the Point Arena City Council does hereby approve the Use Permit, Coastal Development Permit and Lot Line Adjustment to allow:

1. The transfer 0.145 acres (6,316.2 SF) from Parcel B (APN 027-122-21) to Parcel A (027-122-20); and

2. Reestablish a residential use and reuse a building for a restaurant and construct a 280 SF trellis on Parcel A; and

3. Reestablish and rehabilitate lodging, restaurant, and residential use on Parcel B as demonstrated on the project plans; and

4. Demolish an existing 3,880 SF structure on Parcel B;

5. Construct five (5) detached lodging units of 160 SF each on Parcel B and;

6. Other associated site work as demonstrated on the project plans.

Subject to the following conditions and the Mitigations enumerated in the project MND:

SPECIAL CONDITIONS
1: The applicant shall implement all mitigation measures required in the MND, which include the following:

AES-1: Prior to issuance of a building permit for this Project, the applicant shall submit an exterior lighting plan showing the location of all exterior lights and the manufacturer and type of lighting fixtures proposed. Lights and light fixtures shall be downcast and shielded to prevent offsite light trespass. The exterior lighting plan shall be reviewed and approved by the City in conjunction with building permit review.

AQ-1: The Project comply with the following mitigation measures set forth by the Mendocino County Air Quality Management District to control fugitive dust generated during construction activities:

1. All visibly dry disturbed soil and road surfaces shall be watered to minimize fugitive dust emissions.

2. Earth or other material tracked onto neighboring paved roads shall be removed promptly.

3. Approved chemical soil stabilizers shall be applied to exposed earth surfaces in inactive construction areas and exposed stockpiles (i.e., sand, gravel, dirt).

4. Dust generating activities shall be limited during periods of high winds (over 15 mph).

5. Access of unauthorized vehicles onto the construction site during non-working hours shall be prevented.

6. A daily log shall be kept of fugitive dust control activities.

AQ-2: The Project shall comply with Regulation 4, Rule 4.1-400 of the MCAQMD related to prohibitions on woodburning, including the following:

1. 4.1-400(a) No person shall install an open wood burning fireplace in any new residential, commercial, or public building or accessory building, or as part of a renovation of any residential, commercial, or public building or accessory building.
- 5 -

2. 4.1-400(b) No person shall install a wood-fired outdoor boiler to provide heat for any residential, commercial, or public building or accessory building.

3. 4.1-400(c) No person shall install wood burning appliances in any new, remodeled or renovated multi- family residence, commercial or public building or accessory building, except as a replacement for an existing wood burning appliance.

BIO-1a: The riparian buffer shall be enhanced through plantings of native shrubs and management of invasive species. A plant palette of suitable native species is included in Table 2 below. The area of enhancement shall be a 25-foot-wide strip adjacent to the Project Area within the undeveloped 50-foot riparian buffer. The intention of the planting is to create a minimum fifty (50) percent absolute cover of the 25-foot-wide buffer with native shrubs once plants reach maturity.

Implementation of plantings/irrigation/management should be overseen by landscape professionals with experience planting and maintaining native species.

Invasive species shall include any Cal-IPC ‘High’ plants and will not include grass species. Management of invasive species shall be conducted for three (3) years.

Invasive species observed, or which may occur in the Study Area, and should be target species that are managed are included in Table 3.

Periwinkle Vinca major
Sources for locally sourced native plantings includes Jughandle Farm Nursery, Mendocino Coast Botanical Gardens, Samara Restoration.

Control of invasive grass species is highly challenging, and that level of restoration is determined not necessary for this project due to existing conditions and proposed Project.

BIO-1b: Only native plant species shall be included in landscaping within the 100-foot riparian buffer.
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BIO-2a: Land disturbance activities will occur during the general dry season June 1 through October 15. Erosion control measures (i.e., weed-free, jutes straw waddle, weedfree straw bales, silt fencing, tarps) shall be staged on-site prior or at initiation of land disturbance activities in case rain-event may occur.

BIO-2b: If a rain event in excess of 0.25-inch over a 24-hour period occurs during the construction phase, all activities shall cease for 24 hours after perceptible rain ceases. Erosion control measures (e.g., weed-free straw waddle, weed-free straw bales, cover bare soil) shall be deployed in the event of unseasonable rains.

BIO-2c: Spill prevention materials shall be on-site for all materials and equipment; all construction personnel shall stop work and deploy spill prevention materials in the event of escaped petrol, oil, solvents, paints, etc. No equipment or other materials which may cause pollution to the riparian/stream shall be stored or staged within the 100-foot riparian buffer.

BIO-2d: To minimize soil and vegetation disturbance within the buffer, temporary fencing shall be placed at the edge of land disturbance activities and outside the 50-foot buffer. No land disturbance or material/equipment staging shall occur outside the fencing and construction staff will be informed on the purpose of the fencing. Fencing shall be removed upon completion of the Project.

BIO-3a: Use of the scaffolding within riparian vegetation shall be limited to the minimum amount necessary to complete necessary improvements. Scaffolding shall be installed and removed with the fewest people possible and shall remain in place for the shortest duration feasible.

BIO-3b: Scaffolding shall be installed and used in riparian vegetation at the driest portion of the dry season, as feasible. Natural wooden boards (i.e., not treated) shall be laid down along the access path to scaffolding within riparian vegetation.

BIO-3c: Construction netting shall be installed to capture any debris which may fall from the structures or scaffolding. Appropriate equipment and methods for any potential pollutant materials (i.e., paint, etc.) which are to be applied to the structures shall be used in a manner which will reduce drift, leaking or spillage. Any debris which may fall on the ground shall be removed by the end of the workday.

BIO-3d: No herbaceous riparian vegetation shall be removed, and no woody riparian vegetation shall be limbed or otherwise removed.

BIO-4a: All land disturbance of undeveloped land, including woody vegetation removal, shall occur during the dry season (June 1 through October 15) when special-status wildlife species are less likely to be dispersing.

BIO-4b: A qualified biologist shall conduct a pre-construction survey no more than 24 hours prior to initiation of land disturbance. The biologist shall inspect gopher holes and any other potential upland refugia where CRLF or WPT may occur. If CRLF is found, the qualified biologist shall follow instructions outlined on the USFWS Technical Assistance Letter (Appendix F). If WPT is found, the qualified biologist shall consult with CDFW.

BIO-4c: A biological education program shall be provided by a qualified biologist to all personnel that will be present at the site during ground disturbance and related activities. Following worker education, each construction work member present is anticipated to have the information needed to identify each species and be relied upon to follow measures should a CRLF or WPT be observed. The worker education - 7 -
program shall include information regarding the identification and natural history of each species (including photographs), the potential for occurrence of each species within work areas, protocols to be followed for daily surveys, the legal status and the ramifications for take, the purpose of the exclusion fencing and importance of maintaining it, and specific measures being implemented to avoid impacts to each species. Contact information for USFWS staff and Project biologist shall be provided during the training.

BIO-4d: Trained workers shall conduct daily surveys for CRLF in the Project Area prior to daily work. If CRLF is observed in the course of pre-construction or daily surveys or during work, all ground disturbance shall halt and USFWS and Project biologist shall be notified immediately. The CRLF shall be addressed as outlined in the USFWS Technical Memo (bullet point 3).

BIO-4e: If WPT is observed in the course of construction activities, all ground disturbance shall halt, and the Project biologist shall be notified immediately. Construction activities shall resume once the WPT has exited the area of active construction and is out of harm’s way.

BIO-4f: All ground disturbing activities shall cease for 24 hours following a rainfall event where 0.25- inches or greater of precipitation within a 24-hour period was predicted for the Point Arena area.

BIO-4g: Symbolic fencing and signs shall be installed following completion of the Project to discourage human or pet entry into the buffer, riparian vegetation, and stream.

BIO-4h: All CRLF conditions outlined in the USFWS Technical Assistance Letter shall be observed.

BIO-5a: Tree/vegetation removal and initial ground disturbance shall occur from August 16 to January 31, outside of the general bird nesting season. If tree/vegetation removal during this time is not feasible, a pre-construction nesting bird survey should be performed by a qualified biologist no more than 7 days prior to the initiation of tree removal or ground disturbance. The survey should cover the Project Area and surrounding areas within 100 feet. If active bird nests are found during the survey, an appropriate no- disturbance buffer should be established by the qualified biologist. Once it is determined that the young have fledged (left the nest) or the nest otherwise becomes inactive (e.g., due to predation), the buffer may be lifted, and work may be initiated within the buffer. If land disturbance or vegetation removal ceases for longer than 14 days, another nesting survey should be conducted prior to beginning such activities (if within nesting bird season), as nests may have been established during the time of no activity.

BIO-6a: The applicant shall submit a revised site plan that does not include the proposed Windmill and the proposed windmill shall not be constructed as part of this project.

BIO-6b: That applicant shall submit a Building Permit for this project which does not include construction of the retaining wall along the southern edge of Building W/E 1 and Building W/E 2.

BIO-6c: Prior to issuance of the building Permit, the applicant shall submit a landscaping plan that illustrates at least 14 native California trees. The trees shall be planted prior to approval of the building permit final.

BIO-7a: No construction related debris will be staged within the 50-foot buffer, or in areas where such debris may wash into the creek. Any refueling of equipment should also - 8 -
occur outside of the 100-foot riparian buffer.

BIO-7b: Under no circumstances should any wash water or wastewater from construction be allowed to enter Arena Creek.

BIO-7d: Land disturbance activities will occur during the general dry season June 1 through October 15. Erosion control measures (i.e., weed-free jutes straw waddle, weedfree straw bales, silt fencing, tarps) should be staged and installed on-site prior or at initiation of land disturbance activities in case rain-event may occur.

CUL-1: If cultural or historic resources are encountered during construction activities, all onsite work shall cease in the immediate area and within a 50 foot buffer of the discovery location. A qualified archaeologist will be retained to evaluate and assess the significance of the discovery, and develop and implement an avoidance or mitigation plan, as appropriate. For discoveries known or likely to be associated with Native American heritage (precontact sites and select historic period sites), the tribal representatives listed in the Archaeological Report Section 6.2 shall be contacted immediately to evaluate the discovery and, in consultation with the project proponent, the County, and consulting archaeologist, develop a treatment plan in any instance where significant impacts cannot be avoided.

CUL 2 - In the event that human remains are encountered, all work must stop in the immediate vicinity of the discovered remains and the Mendocino County Medical Examiner, the Sheriff-Coroner, and a qualified archaeologist must be notified immediately to evaluate the remains. If the remains are deemed to be Native American and prehistoric, the Native American Heritage Commission must be contacted by the Coroner so that a “Most Likely Descendant” can be designated and further recommendations regarding treatment of the remains can be provided.

GEO-1: The Applicant shall submit a Soils Report with the Building Permit application for the components of the Project that require new construction. The Plan and Specifications for the foundations shall include consideration of soils in all engineering calculations per the State Building Code.

GEO-2: If paleontological resources, including individual fossils or assemblages of fossils, are encountered during construction activities all ground disturbing activities shall halt and a qualified paleontologist shall be procured to evaluate the discovery and make treatment recommendations.

HAZ -1:The Applicant shall cap the proposed landscaped area located between the residential structure on Parcel A and the parking lot to the south as illustrated in the site plan below. The cap shall be of non-permeable pavement such as a concrete patio.
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HAZ-2: The Applicant shall submit a Soil Management Plan (SMP) approved by the Regional Water Board, prior to the start of earth moving activities, which details required precautions when doing any earthwork at this site.

HAZ-3: The Applicant shall record a Land Use Covenant (LUC) which states that the capped area, outlined below in red must be maintained as a capped area and cannot be turned into bare ground or landscaped or play areas in the future.

LU-1: Bicycle Parking. The applicant shall submit a site plan that includes bicycle parking of at least four spaces.

LU-2: Wood Fence. The applicant shall install a solid wood fence of 6 feet in height along the east property line and around the refuse container.

LU-3: Landscaping Plan. The applicant shall submit a Landscaping Plan for approval by the City Planner, prior to approval of the Building Permit which includes: 14 trees, at least 50% native plant cover and no potentially invasive species. The landscaping shall provide 90 percent coverage within five years.

LU-4: Retaining Wall Veneers. The Building Permit application shall illustrate veneers for the retaining walls that blend with the surrounding earth materials or landscape, as directed by the City Council.

NOI-1: Noise. During construction of the project, noise above 60 decibels must occur only between the hours of 7 a.m. and 8 p.m. Any equipment used that exceeds a noise level of 86 decibels, such as a nail gun or bulldozer, shall be limited to weekdays between 8 a.m. and 5 p.m.

2. Prior to issuance of the Coastal Development Permit, the applicant shall submit a Water Quality Management Plan, certified by a Registered Civil Engineer, to be approved by the City. The Water Quality Management Plan shall contain all pertinent information as outlined in Section 5.34(B) of the Point Arena Zoning Code.

STANDARD CONDITIONS
This action shall become final on the date of approval. No appeal periods apply. The permit shall expire and become null and void at the expiration of two years after the effective date, except where construction and use of the property in reliance on such permit has been initiated prior to its expiration.

1. To remain valid, progress towards completion of the project must be continuous. The applicant has sole responsibility for renewing this application before the expiration date. The City will not provide a notice prior to the expiration date.

2. The use and occupancy of the premises shall be established and maintained in conformance with the provisions of Title 18 of the Point Arena Municipal Code.

3. The application, along with supplemental exhibits and related material, shall be considered elements of this permit, and that compliance therewith is mandatory, unless an amendment has been approved by the City of Point Arena Planning Commission or its successor agency.

4. This permit shall be subject to the securing of all necessary permits for the proposed development from City, State and Federal agencies having jurisdiction.

5. The applicant shall secure all required building permits for the proposed project as required by the Building Inspection Division of the Mendocino County Department of Planning and Building Services.
- 10 -

6. This permit shall be subject to revocation or modification upon a finding of any one or more of the following:
a. The permit was obtained or extended by fraud.
b. One or more of the conditions upon which the permit was granted have been violated.
c. The use for which the permit was granted is conducted so as to be detrimental to the public health, welfare or safety, or to be a nuisance.
d. A final judgment of a court of competent jurisdiction has declared one or more conditions to be void or ineffective, or has enjoined or otherwise prohibited the enforcement or operation of one or more such conditions.

7. This permit is issued without a legal determination having been made upon the number, size or shape of parcels encompassed within the permit described boundaries. Should, at any time, a legal determination be made that the number, size or shape of parcels within the permit described boundaries are different than that which is legally required by this permit, this permit shall become null and void.

BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption.

The above and foregoing Resolution was introduced by __________ seconded by __________, and passed and adopted at a regular meeting of the City Council of the City of Point Arena held on the 25th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSE:

Mayor
ATTEST:

City Manager
1 RESOLUTION NO. - 2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POINT ARENA, CALIFORNIA CERTIFYING THE MITIGATED

NEGATIVE DECLARATION FOR THE WILDFLOWER WEST
PROJECT (SCH: 2024040981); ADOPTING THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT FINDINGS; AND

ADOPTING A MITIGATION MONITORING AND REPORTING

PROGRAM
WHEREAS, 610 LLC/ Jeffrey Hansen (“Applicant”), submitted an applicant for a Coastal Development Permit, Use Permit and Lot Line Adjustment to transfer 0.145 acres (6,316.2 SF) from Parcel B (APN 027-122-21) to Parcel A (027-122-20), and a Coastal Development Permit and Use Permit to: 1) reestablish a residential use and reuse a building for a restaurant and construct a 280 SF trellis on Parcel A; 2) reestablish and rehabilitate lodging, restaurant, and residential use on Parcel B, 3) demolish existing 3,880 SF structure on Parcel B; 4) construct five (5) detached lodging units of 160 SF each on Parcel B and; 6) other associated site work as demonstrated on the project plans.

WHEREAS, the California Environmental Quality Act, Public Resources Code, Section 21000 et seq. ("CEQA"), requires that the City consider the environmental effects of the Project prior to approving any entitlements for the Project; and WHEREAS, staff prepared an MND to evaluate the impact of the proposed project on the environment pursuant to CEQA and Title 14, California Code of Regulations, Section 15074 et seq. ("CEQA Guidelines"); and
WHEREAS, the MND (State Clearinghouse No. 2024040981) was circulated for more than the required 30-day public review and comment period, beginning on April 23, 2024 and ending on June 25, 2024; and
WHEREAS, during this period, on June 25, 2024, a public hearing was held by the City Council to receive comments on the MND in accordance with the provisions of the Point Arena Zoning Ordinance; and
WHEREAS, a Mitigation and Monitoring Program, as required by CEQA, is contained in the attached Exhibit B; and
NOW, THEREFORE, BE IT RESOLVED that the City of Point Arean City Council, based on the entirety of the record before it, which includes without limitation, CEQA, Public Resources Code §21000, et seq. and the CEQA Guidelines, 14 California Code of Regulations §15000, et seq.; the Point Arena General Plan; The Point Arena Zoning Code; the Project applications; all site plans, and all reports and public testimony submitted as part of the City Council meeting of June 25, 0224; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), the City Council of the City of Point Arena does hereby make the following findings and determinations:

1. For the purposes of the California Environmental Quality Act (CEQA), a Mitigated 2 Negative Declaration (MND) was prepared for the project, circulated for public review, and presented to the public and City Council prior to taking action on the Wildflower East project located at 135 and 165 Main Street in Point Arena. The conclusion of the Mitigated Negative Declaration is there are not any potentially significant impacts that cannot be mitigated.

Environmental review for the proposed project included preparation of an Initial Study and Mitigated Negative Declaration (IS/MND) pursuant to the California Environmental Quality Act (CEQA) Statue (Public Resources Code 21000 - 21189) and Guidelines (California Code of Regulations Title 14, Division 6, Chapter 3, Sections 15000 -15387).

The IS/MND was circulated from April 23, 2024 to June 25, 2024, at the State Clearinghouse. The Initial Study and Mitigated Negative Declaration included mitigation measures which have been incorporated into a Mitigation Monitoring and Reporting Plan, which is being adopted as a part of the project.

2. The following impacts have been found to be less than significant and mitigation is not required to reduce project-related impacts: Agriculture and Forestry, Energy, Hydrology and Water Quality, Greenhouse Gas Emissions, Mineral Resources, Population and Housing, Public Services, Recreation, Transportation, Tribal Cultural Resources, Utilities/Service Systems and Wildfire, Utilities and Services, and Wildfire. There is no evidence of an impact to any of the above referenced potential impact areas based on the project as proposed at this location.

3. The Initial Study identified potentially significant impacts to Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Land Use Planning and Noise which could result from the project as originally submitted. Mitigation Measures have been required to ensure potential impacts are limited to a less than significant level. These Mitigation Measures are incorporated by reference in the project ISMND, the Mitigation Monitoring and Reporting Program, the Staff Report and Resolutions.

4. Agency and public comments have been received about the project and the Mitigated Negative Declaration. These comments have been considered and the comments change the conclusions or the mitigations of the Mitigated Negative Declaration, so the MND was revised and recirculated for additional public comment.

BE IT FURTHER RESOLVED, the MND adequately describes the Project, impacts, and mitigation measures, and hereby makes the following environmental determinations regarding the Wildflower East Project considered on June 25, 2024:

1. A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA.

2. Mitigation measures have been made a condition of the approval of the project.

3. A mitigation reporting and monitoring plan was prepared for this project.

NOW, THEREFORE, BE IT RESOLVED, that the Point Arean City Council adopts the MND as set forth in Exhibit A and adopts the Mitigation and Monitoring and Report Plan for the proposed Wildflower East Project (Exhibit B), subject to the mitigations included herein as outlined in the MND and the MMRP.

NOW, THEREFORE, BE IT RESOLVED, that the Point Arean City Council adopts the MND as set forth in Exhibit A and adopts the Mitigation and Monitoring Report Plan included herein as Exhibit B. This Resolution shall become effective immediately upon its passage 3 and adoption.

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSE:

Mayor
ATTEST:

City Manager
Wildflower East
Recirculated
Initial Study /
Mitigated Negative Declaration
CDP 2021-04, BLA 2021-03
Initial Circulation Date - April 22, 2024
Recirculation Date – May 16, 2024
Lead Agency
City of Point Arena
451 School Street
Point Arena, California 95468
Lead Agency Contacts
Peggy Ducey
City Manager
707-882-2122
[email protected]
Marie Jones
City Planner
707-357-6480
City of Point Arena Wildflower East
1 [email protected]
Wildflower East
CEQA Environmental Checklist and Initial Study
Project Title: Wildflower East
Lead Agency: City of Point Arena
451 School Street
Point Arena, California 95468
Contact Persons: Peggy Ducey
City Manager
707-882-2122
[email protected]
Marie Jones
City Planner
707-357-6480
[email protected]
Project Location: The project is located at 135 and 165 Main Street/State Route 1 (APN 027-122-20 and -21), Point Arena, within
Mendocino County in the incorporated city limits of Point Arena. The project is situated at Main Street’s intersection with Mill Street. The total project area is approximately

1.09 acres on two parcels (0.97 and 0.123 acres).

Project Sponsor: Jeffrey Hansen
610 Properties, LLC
PO Box 669
Point Arena, California 95468
801-955-5833
General Plan Designation: Highway Commercial
Zoning Designation: Highway Commercial
Description of Project: The applicant requests a Lot Line Adjustment to transfer

0.145 acres/6,316.2 SF from Parcel B (APN 027-122-21) to Parcel A (027-122-20), and a Coastal Development Permit to 1) reestablish and rehabilitate a restaurant and
City of Point Arena Wildflower East
2 residential use and construct a 280 SF trellis on Parcel A; 2) reestablish and rehabilitate lodging, restaurant, and residential use on Parcel B, 3) demolish existing 3,880 SF structure on Parcel B; 4) construct five (5) detached
lodging units each 160 SF in size on Parcel B and; 6) other associated site work as demonstrated on the project
plans.

See Section 2 below.

Surrounding Land Uses and
Setting:

The project is located on Main Street / SR1 near the
southern end of Point Arena, an incorporated City on the southern Mendocino County coastline. Other parcels on
the east side of Main Street in the vicinity are developed with commercial uses. Development further to the east
along Mill Street and further south on Main Street are
residential. The surrounding is composed primarily of
smaller occupied commercial properties of less than one acre.

Arena Creek is immediately adjacent to the parcel and
runs along its southern border.

Other Public Agencies Whose
Approval is Required:

Caltrans will require an Encroachment Permit for the SR1 improvements.

Mendocino County Building Department will review and
issue building permits for construction.

Have California Native American
tribes traditionally and culturally
affiliated with the project area
requested consultation pursuant
to Public Resources Code section
21080.3.1? If so, is there a plan
for consultation that includes,
for example, the determination
of significance of impacts to
tribal cultural resources,
procedures regarding
confidentiality, etc.?
Yes—notification was sent to Manchester Band of Pomo
on August 29, 2023, inviting consultation. No response
was received.

City of Point Arena Wildflower East
3 Table of Contents

1. Introduction.............................................................................................................................................. 4 a. Purpose and Intent.....................................................................................................................................5 b. Incorporation by Reference........................................................................................................................6 c. Public Review .............................................................................................................................................7

2. Setting and Project Description ................................................................................................................. 8 a. Environmental Setting................................................................................................................................8 b. Project Description.....................................................................................................................................9

3. Environmental Factors Potentially Affected..............................................................................................12

4. Determination .........................................................................................................................................12

5. Evaluation of Environmental Impacts.......................................................................................................14 a. Aesthetics.................................................................................................................................................15 b. Agricultural and Forestry Resources ........................................................................................................18 c. Air Quality ................................................................................................................................................21 d. Biological Resources.................................................................................................................................26 e. Cultural Resources....................................................................................................................................43 f. Energy ......................................................................................................................................................47 g. Geology and Soils.....................................................................................................................................51 h. Greenhouse Gas Emissions.......................................................................................................................56 i. Hazards and Hazardous Materials...........................................................................................................59 j. Hydrology and Water Quality ..................................................................................................................65 k. Land Use and Planning.............................................................................................................................71 l. Mineral Resources....................................................................................................................................80 m. Noise ........................................................................................................................................................81 n. Population and Housing...........................................................................................................................84 o. Public Services..........................................................................................................................................86 p. Recreation................................................................................................................................................88 q. Transportation .........................................................................................................................................89 r. Tribal Cultural Resources .........................................................................................................................94 s. Utilities and Service Systems....................................................................................................................96 t. Wildfire.....................................................................................................................................................99 City of Point Arena Wildflower East
4 u. Mandatory Findings of Significance.......................................................................................................101

1. Introduction
This Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared in accordance with the procedural and substantive requirements of the California Environmental Quality Act (CEQA). The analysis evaluates environmental impacts from the proposed Wildflower East project is described below.

Project Description
The proposed project requires the approval of a Coastal Development Permit, Boundary Line Adjustment, and Use Permit, and includes the following components:

Boundary Line Adjustment
Boundary Line Adjustment to reconfigure boundary lines between two (2) adjacent lots in Point Arena. Parcel A (APN 027-122-20) would increase from 5,393± square feet to 10,759± square feet, and Parcel B (APN 027-122-21) would decrease from 42,267± square feet to 40,685± square feet.

Development on Proposed Parcel A (APN 027-122-20)
• Reestablish restaurant use in existing structure
Interior and exterior remodel of existing 461± square foot structure (historically used as restaurant and retail space) to 826 SF restaurant/market space.

Construction of a 280± square foot trellis and courtyard in front of the existing structure for outdoor restaurant seating.
• Reestablish residential use in existing structure
Interior and exterior remodel of existing 1,224± square foot structure (historically a residence) to a duplex with one unit on the first floor and one unit on the second floor. • Site Improvements
Additional site improvements on proposed Parcel A include:
 New landscaping to the east and west of the residential structure, between the two buildings, and between the proposed parking lot and the restaurant.  A new short retaining wall is proposed between the buildings and between the restaurant and the parking lot.
 New site parking lot with 14 spaces and shared drive isle with Parcel B.  New paved walkways from parking areas to the existing buildings.

Both existing structures are served by existing water, sewer, and electrical connections.

Access is provided by existing encroachments on Main Street (Hwy 1) and Mill Street, and requires access easements over proposed Parcel B.

Development on Proposed Parcel B (APN 027-122-21)
• Reestablish lodging use and establish restaurant and residential use in existing structure Interior and exterior remodel of existing 4,160± square foot structure (historically used City of Point Arena Wildflower East
5 for lodging) for a 20-unit lodging use, two residential units, and 1,880± square foot restaurant space.

Construct 28 off-street parking spaces for the uses in this structure (24 standard and four ADA spaces).
• Demolish existing structure (work completed without permits) Demolish 3,880± square foot structure (historically used for lodging). • Construct five (5) detached lodging units
In a previously vacant area of proposed Parcel B, construct five (5) detached 160± square foot lodging units. Five (5) off-street parking spaces provided on-site (four (4) required). • Site Improvements
Additional improvements on proposed Parcel B include:
o Landscaped areas around the proposed lodging units and restaurant. o A 140± foot long retaining wall is proposed along the east side of development to separate the project from natural resources along Arena Creek. o A 40,000-gallon subterranean water tank for fire suppression is proposed with a 32-foot-tall gazebo placed on top.
o A 40-foot-tall windmill is proposed adjacent to the five (5) new lodging units,
o A 27-foot-tall, elevated water tank is proposed adjacent to Main Street. o A trash collection area is proposed between the lodging uses. o A total of 19 parking spaces are proposed on this parcel to serve the proposed uses with an additional 9 parking spaces located on parcel A which also serve these uses, which will require access and maintenance easements. Areas proposed for parking were either previously paved for parking or were within the footprint of the demolished building.
o The existing structure on proposed Parcel B is served by existing water, sewer, and electric service. The proposed five (5) new lodging units will connect to water and sewer service from Main Street and use existing electrical service on site.
o Access is provided by existing encroachments on Main Street (Hwy 1) and Mill Street, and requires access easements over proposed Parcel A.

Hereafter referred to as the “Project”.
a. PURPOSE AND INTENT
CEQA requires that public agencies document and consider the potential environmental effects of the agency’s actions that meet CEQA’s definition of a “project.” Briefly summarized, a “project” is an action that has the potential to result in direct or indirect physical changes in the environment. A project includes the agency’s direct activities as well as activities that involve public agency approvals or funding. Guidelines for an agency’s implementation of CEQA are found in the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations).

Provided that a project is not exempt from CEQA, the first step in the agency’s consideration of City of Point Arena Wildflower East
6 its potential environmental effects is the preparation of an Initial Study. The purpose of an Initial Study is to determine whether the project would involve “significant” environmental effects, as defined by CEQA, and to describe feasible mitigation measures that would avoid significant effects or reduce them to a level that is less than significant. If the Initial Study does not identify significant effects, then the agency prepares a Negative Declaration (ND). If the Initial Study notes significant effects but also identifies mitigation measures that would reduce these significant effects to a level that is less than significant, then the agency prepares a Mitigated Negative Declaration (MND). If a project would involve significant effects that cannot be readily mitigated, then the agency must prepare an Environmental Impact Report (EIR). The agency may also decide to proceed directly with the preparation of an EIR without an Initial Study.

The proposed project is a “project” as defined by CEQA and is not exempt from CEQA consideration. The City has determined that the Project may potentially have significant environmental effects and therefore would require preparation of an IS/MND. This IS/MND describes the proposed project and its environmental setting, discusses the potential environmental effects of the project, and identifies feasible mitigation measures that would eliminate any potentially significant environmental effects of the project or reduce them to a level that would be less than significant.

This IS/MND is a public information document that describes the proposed project, existing environmental setting at the project site, and potential environmental impacts of construction and operation of the proposed project. It is intended to inform the public and decision-makers of the proposed project’s potential environmental impacts, identify/require mitigation measures to reduce environmental effects to a less than significant impact, and document the lead agency’s compliance with CEQA and the State CEQA Guidelines.

This IS/MND concludes that the project would potentially have a significant environmental effect unless mitigation measures are required as part of the CEQA process. As a result, the District has prepared an MND and has issued a Notice of Intent to adopt the MND for the project. The time available for public comment on the Initial Study and MND is shown on the Notice of Intent.
b. INCORPORATION BY REFERENCE
In accordance with Section 15150 of the State CEQA Guidelines to reduce the size of the report, the following documents are hereby incorporated by reference into this Initial Study and are available for public review at the City of Point Arena. • City of Point Arena General Plan
• City of Point Arena Municipal Code—Title 17: Subdivisions • City of Point Arena Municipal Code—Title 18: Zoning
• Project Plans
City of Point Arena Wildflower East
7 • Rhiannon Korhummel, WRA, Environmentally Sensitive Habitat Area (ESGA) Survey 135 Main Street City of Point Arena, 2023
c. PUBLIC REVIEW
In accordance with CEQA and the state CEQA Guidelines, the IS/MND prepared for the Wildflower East project will be circulated for a 30-day public review period and distributed to interested or involved public agencies, organizations, and private individuals for review. In addition, the IS/MND has been made available for general public review by appointment at the following location:

City of Point Arena
451 School Street
Point Arena, California
Hours: Monday - Thursday
9:00 a.m. to 5:00 p.m.

During the public review period, the public will have an opportunity to provide written comments on the information contained within this IS/MND. The City will use the final IS/MND and all comments and correspondence received within the public comment period for all environmental decisions related to the proposed Project.

In reviewing the IS/MND and as articulated in Section 15204(a) of the CEQA Guidelines, affected public agencies and interested members of the public should focus on the sufficiency of the document in identifying and analyzing potential impacts on the environment from the proposed Project, and ways in which the significant effects of the Project are proposed to be avoided or mitigated. Pursuant to Section 15204(b) of the CEQA Guidelines, such public agencies and persons should focus on the proposed finding that the Project will not have a significant effect on the environment. If public agencies or persons believe that the proposed Project may have a significant effect, they should:
• Identify the specific effect;
• Explain why they believe the effect would occur;
• Explain why they believe the effect would be significant; and • Per Section 105204(c), reviewers should explain the basis for their comments, and should submit data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of the comments.

Comments on the IS/MND should be submitted in writing to:

Marie Jones
City Planner
PO Box 67
Point Arena, California 95468
[email protected]
City of Point Arena Wildflower East
8 2. Setting and Project Description
This section provides a characterization of the Wildflower East project including the environmental setting and project location.
a. ENVIRONMENTAL SETTING
The City of Point Arena is a small City situated along the coast in southwest Mendocino County.

Point Arena’s history is linked to the lumber industry of the late 1800s. Arena Cove was a safe location for ships to anchor, and as a result, a wharf was built to serve ships transporting lumber from the Mendocino coast to San Francisco. The wharf quickly became a shipping location for the lumber industry and consequently the town grew. When Point Arena was incorporated in 1908, its layout and size was similar to today. The mountainous terrain of coastal northern California makes Point Arena relatively isolated from the rest of Mendocino County, accessible primarily by coastal State Route 1 (SR1). Although the town has its own post office, schools, and medical services, many services for residents are located in other communities in Mendocino County, such as Mendocino (34 miles north), Gualala (15 miles south), Fort Bragg (45 miles north), and Ukiah (50 miles northeast). Point Arena is the smallest of four incorporated areas of Mendocino County: the others being Ukiah, Willits, and Fort Bragg. Point Arena is also located immediately to the west of the Manchester/Point Arena Rancheria, a community of the Pomo Indian Tribe.

Point Arena is surrounded by coastal prairies and bluffs, riparian hillsides, and working farmlands. Downtown Point Arena lies within a narrow ravine drained by Point Arena Creek at the south end of the town. From the south to the north, Main Street/SR1 ascends a fairly steep slope approximately 115 feet in elevation. This steep topography creates a clear view of the entire downtown from both the top and bottom of Main Street.

The Project area contains two mapped aquatic features, including perennial stream (Arena Creek) and riparian area. Arena Creek is also mapped on the Point Arena USGS 7.5-minute quad map (USGS 2015).
• Arena Creek runs across the southern end of Point Arena, directly adjacent to the subject parcel. Arena Creek continues along Port Road to Arena Cove, at the base of a north-facing slope.
• The creek is bordered on both sides with riparian vegetation, and inaccessible from the road. The Point Arena General Plan and Zoning Ordinance define a riparian buffer area of a minimum of 100 feet to “protect the resources of the particular habitat area from significant degradation caused by proposed development.” • Arena Creek is known habitat for the Point Arena Mountain Beaver (PAMB), which is a federally protected endangered species. The Point Arena General Plan and Zoning Ordinance establish a 500-foot buffer area along each side of the creek for the preservation of the PAMB habitat by minimizing and mitigating disturbances to the City of Point Arena Wildflower East
9 PAMB. Any noise-generating or habitat-modifying projects within the buffer area require an environmental survey, and if evidence of beavers is found within the project area, then additional project mitigation or the development of a habitat conservation plan shall be required. The US Fish and Wildlife Service sent a no-take determination on this property based on negative survey results for PAMB during a site survey on May 10, 2022 by Service staff.
• The US Fish and Wildlife Service also determined that the site is suitable habitat for the California Red Legged Frog (CRLF) and requires mitigation measures to reduce impacts to the CRLF.

The topographic change within Point Arena creates views toward the coastal bluffs, the ocean, and the inland forests from the downtown. The Point Arena General Plan identifies five viewsheds and scenic corridors that shall be protected from “inappropriate development and unavoidable alterations.” These viewsheds are to the south from School Street, along Windy Hollow Road, along and from Riverside Drive, along Port Road, and at Arena Cove.

The Project site consists of two parcels in the geographic south of the City, with frontage on Main Street/SR1 and on Mill Street. This portion of the City is characterized by moderate density residential development to the east and immediate south, and commercial development elsewhere along Main Street. The site is at an elevation of approximately 110 feet above sea level with an approximate five percent slope from the front to the back of the property (Arena Creek).

The Project site consists of two parcels, or 0.97 and 0.123 acres respectively, for a total of 1.093 acres. The parcels are located on the southeast side of Main Street’s intersection with Mill Street/SR1 (APN 027-122-20 and -21). The parcels were developed in the 1960s and used as a lodging establishment for many years. More recently the buildings have been unoccupied and dilapidated. The developed portion of the Project site includes dilapidated lodging and office buildings and associated features such as a parking lot, sidewalks, and lower-level storage garages. The undeveloped portion of the site was disturbed through past use with residential and commercial structures, which have been demolished.
b. PROJECT DESCRIPTION
Project Description
The proposed project requires the approval of a Coastal Development Permit, Boundary Line Adjustment, and Use Permit, and includes the following components:

City of Point Arena Wildflower East
10 Development on Proposed Parcel A (APN 027-122-20)
• Reestablish restaurant use in existing structure
Interior and exterior remodel of existing 461± square foot structure (historically used as restaurant and retail space) to 826 SF restaurant/market space.

Both existing structures are served by existing water, sewer, and electrical connections.

Access is provided by existing encroachments on Main Street (Hwy 1) and Mill Street, and requires access easements over proposed Parcel B.

Development on Proposed Parcel B (APN 027-122-21)
• Reestablish lodging use and establish restaurant and residential use in existing structure Interior and exterior remodel of existing 4,160± square foot structure (historically used for lodging) for a 20-unit lodging use, two residential units, and 1,880± square foot restaurant space.

Construct 28 off-street parking spaces for the uses in this structure (24 standard and four ADA spaces).
• Demolish existing structure (work completed without permits) Demolish 3,880± square foot structure (historically used for lodging). • Construct five (5) detached lodging units
In a previously vacant area of proposed Parcel B, construct five (5) detached 160± square foot lodging units. Five (5) off-street parking spaces provided on-site (four (4) required). • Site Improvements
Additional improvements on proposed Parcel B include:
o Landscaped areas around the proposed lodging units and restaurant. o A 140± foot long retaining wall is proposed along the east side of development to separate the project from natural resources along Arena Creek. o A 40,000-gallon subterranean water tank for fire suppression is proposed with a 32-foot-tall gazebo placed on top.
o A 40-foot-tall windmill is proposed adjacent to the five (5) new lodging City of Point Arena Wildflower East
11 units,
o A 27-foot-tall, elevated water tank is proposed adjacent to Main Street. o A trash collection area is proposed between the lodging uses. o A total of 19 parking spaces are proposed on this parcel to serve the proposed uses with an additional 9 parking spaces located on parcel A which also serve these uses, which will require access and maintenance easements. Areas proposed for parking were either previously paved for parking or were within the footprint of the demolished building.
o The existing structure on proposed Parcel B is served by existing water, sewer, and electric service. The proposed five (5) new lodging units will connect to water and sewer service from Main Street and use existing electrical service on site.
o Access is provided by existing encroachments on Main Street (Hwy 1) and Mill Street, and requires access easements over proposed Parcel A.

City of Point Arena Wildflower East
12 3. Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages.
 Aesthetics  Agriculture and Forestry
Resources  Air Quality
 Biological Resources  Cultural Resources  Energy
 Geology and Soils  Greenhouse Gas
Emissions  Hazards and Hazardous Materials
 Hydrology and Water
Quality  Land Use and Planning  Mineral Resources
 Noise  Population and Housing  Public Services
 Recreation  Transportation  Tribal Cultural
Resources
 Utilities and Service
Systems  Wildfire  Mandatory Findings of Significance

4. Determination
On the basis of this initial evaluation:
 I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.  I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
 I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
 I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least on effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze on the effects that remain to be addressed.

City of Point Arena Wildflower East
13  I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

May 10, 2024
Signature Date
City of Point Arena Wildflower East
14 5. Evaluation of Environmental Impacts
This section provides an evaluation of the potential environmental impacts of the proposed Wildflower East project, as well as the CEQA Mandatory Findings of Significance. A discussion of cumulative impacts is included at the end of this chapter.

The environmental analysis in this section is patterned after the Initial Study Checklist recommended by the State CEQA Guidelines. This checklist has been updated with the revisions of the January 1, 2023, State CEQA Guidelines.

For the evaluation of potential impacts, the questions in the Initial Study Checklist are stated and an answer is provided according to the analysis undertaken as part of the Initial Study. The analysis considers the long-term, direct, indirect, and cumulative impacts of the development.

To each question, there are four possible responses:
• No Impact. The development will not have any measurable impact on the environment. • Less Than Significant Impact. The development will have the potential for impacting the environment, although this impact will be below established thresholds that are considered to be significant.
• Potentially Significant Impact Unless Mitigation Incorporated. The development will have the potential to generate impacts which may be considered as a significant effect on the environment, although mitigation measures or changes to the development’s physical or operational characteristics can reduce these impacts to levels that are less than significant.
• Potentially Significant Impact. The development will have impacts which are considered significant, and additional analysis is required to identify mitigation measures that could reduce these impacts to less than significant levels.

The setting discussion under each resource section in this chapter is followed by a discussion of impacts and applicable mitigation measures.

City of Point Arena Wildflower East
15 a. AESTHETICS
Would the project:

Potentially
Significant
Impact
Potentially
Significant
Impact
Unless
Mitigation
Incorporated
LessThanSignificant
Impact
No
Impact
a) Have a substantial adverse effect on
a scenic vista?

b) Substantially damage scenic
resources, including, but not limited
to trees, rock outcroppings, and
historic buildings within a state
scenic highway?

c) In nonurbanized areas, substantially
degrade the existing visual character
or quality of public views of the site
and its surroundings? (Public views
are those that are experienced from
publicly accessible vantage point). If
the project is in an urbanized area,
would the project conflict with
applicable zoning and other
regulations governing scenic quality?

d) Create a new source of substantial
light or glare which would adversely
affect day or nighttime views in the
area?

Existing Aesthetics Setting
Scenic vistas are expansive views of highly valued landscapes from publicly accessible viewpoints. Scenic vistas include views of natural features such as topography, water courses, outcrops, and natural vegetation, as well as man-made scenic structures.

There are several Point Arena General Plan policies that address the protection of aesthetic resources, including the Scenic Corridors map that depicts view corridors and their orientations.

View corridors are mapped from School Street facing south toward Arena Creek, along Port Road facing west toward the ocean, and along Windy Hollow Road facing east toward the ridge.

The General Plan’s policies require new development be sited and designed to protect public views, viewsheds, and view corridors, with emphasis on the areas on the Scenic Corridors map.

City of Point Arena Wildflower East
16 Aesthetics Impact Discussion
a) Would the project have a substantial adverse effect on a scenic vista? Less than significant Impact
The project is located on the east side of Main Street/SR1 where existing development and mature vegetation is the backdrop to views from Main Street. The creek and riparian vegetation are located at the southern boundary of the Project; however, the site’s existing development currently blocks views to these natural features, and the Project would not increase the existing view obstructions. The project is not within a mapped viewshed area, per the General Plan’s Scenic Corridors map. There is no mapped scenic vista in the view corridor of the project area.
b) Would the project substantially damage scenic resources, including, but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? Less than Significant Impact
Although eligible for listing, SR1 (Main Street) is not currently listed as a state scenic highway.

Due to the previous development, the site lacks scenic trees or rock outcroppings that could be impacted by the Project.

City of Point Arena Wildflower East
17 c) In nonurbanized areas, would the project substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
Less than Significant Impact
For incorporated cities, the 2023 CEQA Statute and Guidelines defines an “urbanized area” in Section 21071 as having a population of at least 100,000 persons, or being contiguous with another incorporated city which, together, have combined populations of at least 100,000 persons. For the purposes of CEQA, the City of Point Arena is a “nonurbanized area.” As such, only the thresholds applicable to nonurbanized areas are applicable for this review.

The only public views proximate to the proposed project are located along Main Street and Mill Street (the public rights-of-way).

The existing public views from Main Street look easterly or southerly at the property and are backdropped by existing residential development and vegetation along Arena Creek. Existing development and trees on the Project parcels block views to the hills and creek.

View to the east from Main Street
View to the South from Mill Street
City of Point Arena Wildflower East
18 The development project would repair and reconstruct these existing structures in the public viewshed from both the Main Street and Mill Street public vantage points. As these public views are already characterized by existing development on both the Project parcel and adjacent parcels the proposed project would have a less than significant impact. d) Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
Less than Significant Impact with Mitigation
Past uses on the Project site have not operated for several years. Ambient lighting levels are influenced by the current pattern of development and headlights from vehicles. The Project proposes to reestablish commercial uses and develop five new lodging units that could create new sources of light or glare that could adversely affect day or nighttime views.

The proposed Project would be consistent with the current development patterns in the area and past uses on site, so it is unlikely that the Project would create a new source of light or glare that would affect the current ambient lighting levels. However, the Project application does not include specifications for lighting. AES-1 will ensure impacts remain less than significant by requiring a review of the proposed lighting prior to issuance of a building permit.

Mitigation Measures
AES-1: Prior to issuance of a building permit for this Project, the applicant shall submit an exterior lighting plan showing the location of all exterior lights and the manufacturer and type of lighting fixtures proposed. Lights and light fixtures shall be downcast and shielded to prevent offsite light trespass. The exterior lighting plan shall be reviewed and approved by the City in conjunction with building permit review. b. AGRICULTURAL AND FORESTRY RESOURCES
Would the Project:

Potentially
Significant
Impact
Potentially
Significant
Impact
Unless
Mitigation
Incorporated
LessThanSignificant
Impact
No
Impact
a) Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on
the maps prepared pursuant to the
Farmland Mapping and Monitoring
Program of the California Resources
Agency, to non-agricultural use?

City of Point Arena Wildflower East
19 b) Conflict with existing zoning for
agricultural use, or a Williamson Act
contract?

c) Conflict with existing zoning for, or
cause rezoning of, forest land (as
defined in Public Resources Code
Section 12220(g)), timberland (as
defined by Public Resources Code
Section 4526), or timberland zoned
Timberland Production (as defined
by Government Code Section
51104(g))?

d) Result in the loss of forest land or
conversion of forest land to nonforest use?

e) Involve other changes in the existing
environment which, due to their
location or nature, could result in
conversion of Farmland, to nonagricultural use or conversion of forest land to non-forest use?

Existing Agricultural and Forestry Setting
• The California Department of Conservation, Farmland Mapping and Monitoring Program (FMMP) classifies land into Important Farmland Categories, which are based on a combination of technical soil ratings and current land use. Under CEQA, the categories of Prime Farmland, Farmland of Statewide Importance, Unique Farmland, Farmland of Local Importance, and Grazing Land constitute agricultural land. Based on the most recent available FMMP data, the majority of Point Arena is classified as Grazing Land, with the downtown core and Hay Industrial Park classified as Urban and Built-up Land. The Project site and adjacent areas are classified as Urban Built-up Land.
• There are no Williamson Act properties within the City. • There are no lands within the City designated or zoned for timberland production or other forestry-related uses.

Agricultural and Forestry Resources Impact Discussion
a) Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact
City of Point Arena Wildflower East
20 See response below.
b) Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract?
No Impact
The Project site is not designated under the FMMP as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance and therefore will not result in the conversion of farmland to non-agricultural use. The site’s zoning and General Plan classification do not allow agricultural land uses by-right or with a conditional use permit. The proposed project would establish commercial and residential uses consistent with adjacent and nearby commercial and residential development. As a result, there are no impacts related to farmland or Williamson Act lands, as the Project would not convert Prime, Unique, or Important Farmland to nonagricultural use, nor would the Project conflict with any Williamson Act contract. c) Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))?
No Impact. See response below.
d) Would the project result in the loss of forest land or conversion of forest land to non-forest use?
No Impact
The Project is not proposed on lands zoned or designated as timberland and is not forested.

Surrounding properties are also not zoned timberland and are not forested. Therefore, the project would have no impact on timberland or forest lands. e) Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?
No Impact. See discussion related to 5.2(a) and 5.2(b) above.

Mitigation Measures
None required.

City of Point Arena Wildflower East
21 c. AIR QUALITY
Except as provided in Public Resources
Code Section 21099, would the Project:

Potentially
Significant
Impact
Potentially
Significant
Impact
Unless
Mitigation
Incorporated
LessThanSignificant
Impact
No
Impact
a) Conflict with or obstruct
implementation of the applicable air
quality plan?

b) Result in a cumulatively considerable
net increase of any criteria pollutant for
which the Project region is nonattainment under an applicable federal or state ambient air quality standard?

c) Expose sensitive receptors to
substantial pollutant concentrations?

d) Result in other emissions (such as
those leading to odors) adversely
affecting a substantial number of
people?

Existing Air Quality Setting
The City of Point Arena is located within the North Coast Air Basin, which includes the counties of Del Norte, Trinity, Humboldt, Mendocino and parts of Sonoma. Air quality within the North Coast Air Basin is influenced by natural geographical and meteorological conditions as well as human activities such as construction and development, operation of vehicles, industry and manufacturing, and other anthropogenic emission sources. The Federal Clean Air Act and the California Clean Air Act establish national and state ambient air quality standards. The Mendocino County Air Quality Management District (MCAQMD) is the agency responsible for enforcing all State, Federal and Local air quality laws and regulations in Mendocino County, including the City of Point Arena.

The District is in attainment (meaning compliant with current standards) for all Federal criteria air pollutants, and most State standards with the exception of PM10. Primary sources of PM10 include wood combustion emissions, fugitive dust from construction, automobile emissions, and industry. The MCAQMD has an adopted Particulate Matter (PM) Attainment Plan which includes recommended control measures to reduce future PM levels including alternatives to the use of wood burning stoves/fireplaces, the use of dust control practices during construction operations, and improvement of bicycle facilities to reduce vehicle trips. In addition to criteria City of Point Arena Wildflower East
22 air pollutants, the District also identifies areas likely to contain Naturally Occurring Asbestos (NOA) and sets forth regulations for evaluating the presence of NOA for individual projects.

Air quality emissions of carbon monoxide (CO), ozone precursors (ROG and NOx), and particulate matter (PM10 and PM2.5) from construction and operation are evaluated relative to the adopted air quality thresholds. The MCAQMD utilizes adopted Bay Area Air Quality Management District (BAAQMD) thresholds for construction-related emissions. Operational emission thresholds have been adopted to align with District rules and regulations.

The City of Point Arena’s General Plan sets forth policies to maintain and improve air quality in the City. Section 4 of the Health and Safety Element includes policies to ensure development is consistent with the requirements of the MCAQMD, and to preserve Point Arena’s high air quality.

Air Quality Impact Discussion
a) Would the project conflict with or obstruct implementation of the applicable air quality plan?
Less than Significant Impact with Mitigation
As previously stated, the MCAQMD is in attainment for all Federal and State criteria air pollutants with the exception of PM10. MCAQMD adopted the Particulate Matter Attainment Plan in January 2005, which includes recommended control measures for PM. MCAQMD Regulation 4.1-400 prohibits the installation of wood burning fireplaces, outdoor boilers, and other wood burning appliances in new developments. Additionally, the Plan includes measures to control particulate matter emissions associated with vehicular activities.

Mitigation Measures AQ-1 and AQ-2, consistent with standard conditions of approval, require the project to comply with applicable MCAQMD regulations including the incorporation of dust control measures during construction and the prohibition of woodburning appliances.

Therefore, the Project will have less than significant impacts with mitigation due to a conflict with the regional air quality plan.
b) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is non-attainment under an applicable federal or state ambient air quality standard?
Less than Significant Impact
Air quality emissions associated with the Project would result from short-term construction activities and ongoing operation.

City of Point Arena Wildflower East
23 Construction Activities
As analyzed below, the construction-related impacts associated with the proposed development would fall well below the (BAAQMD) threshold for a significant impact on air quality.

The Bay Area Air Quality Management District (BAAQMD) establishes the thresholds for significance for construction-related air quality impacts in Mendocino County and has adopted CEQA significance thresholds and screening criteria for criteria air pollutants. If a project falls below the screening criteria, then the project would not generate criteria air pollutants and/or precursors that exceed the thresholds of significance, and would therefore result in a less than significant cumulative impact to air quality from criteria air pollutant and precursor emissions.

BAAQMD screening criteria includes land use type categories for “apartments,” “hotels,” and “restaurants,” which are the most consistent categories for this Project. The table below compares the BAAQMD screening criteria for construction-related impacts to the proposed development on site.

Land Use Type
BAAQMD Construction-Related
Impact Significance Threshold Proposed Project
Restaurant 452,000 SF 2,330 SF
Hotel 312 rooms 25 rooms
Apartments 416 units 4 units
The construction-related impacts associated with the proposed development are substantially below the above threshold and therefore, construction related increases of any criteria pollutant are less than significant.

Operation
The Project would result in stationary and mobile operation emissions. Although there would be no new stationary “point sources” created (large emitters such as manufacturing plants), the Project will result in emissions from the use of propane gas, consumer products such as solvents, cleaners, and paints, and landscaping maintenance equipment. Most of the operational emissions would result from vehicles traveling to and from the Project site by residents, visitors, delivery vehicles, etc.

The MCAQMD has an adopted Particulate Matter (PM) Attainment Plan which includes recommended control measures to reduce future PM levels associated with Project operation, including alternatives to the use of wood burning stoves/fireplaces, the use of dust control practices during construction operations, and requirements for bicycle facilities to reduce vehicle trips.

City of Point Arena Wildflower East
24 The Project is not expected to result in substantial air quality emissions. Lighting, electricity, water, wastewater, and energy-related demands would be expected to be minimal as new buildings are subject to Title 24 requirements under the latest building code.

BAAQMD also provides screening criteria (revised 2023) establishing baseline significance thresholds for the operation of the proposed land uses. The table below compares the BAAQMD screening criteria for operation-related impacts to the proposed development on site.

Land Use Type
BAAQMD Operation-Related
Impact Significance Threshold Proposed Project
Restaurant 452,000 SF 2,330 SF
Hotel 312 rooms 25 rooms
Apartments 416 units 4 units
Again, air quality impacts from the operation of the proposed development are again well below the criteria and therefore the Project air quality impact would be less than significant. c) Would the project expose sensitive receptors to substantial pollutant concentrations? Less than Significant with Mitigation
The California Air Resources Board (CARB) defines sensitive receptors as children, elderly, individuals with asthma, and other populations who are at a heightened risk of negative health effects resulting from exposure to air pollutants. Sensitive receptor locations may include hospitals, schools, day care centers, residential areas and recreation facilities. Sensitive receptors within close proximity of the Project site which may be exposed to health risks from construction exhaust emissions and dust are the RCMS Medical Center (134 feet north of the site) and Arena Union Elementary School (1,544 feet north of the site).

Construction
Construction associated Project would result in the emission of exhaust from vehicles and heavy-duty equipment as well as the generation of fugitive dust from grading and ground disturbing activities. To ensure that fugitive dust emissions are reduced to levels below significance, Mitigation Measure AQ-1 shall be implemented. With implementation of AQ-1, impacts to sensitive receptors during construction will be reduced to less than significant with mitigation.

Operation
At operation, the use of the site for lodging, restaurant, and residential uses will not generate air quality emissions that affect sensitive receptors in the vicinity of the site. Proposed use of the site is consistent with the General Plan and the pattern of existing development along Main Street. Potential impacts to sensitive receptors at operation of the Project will be less than significant.

City of Point Arena Wildflower East
25 Air Quality Land Use Compatibility
The proposed Project has the potential to expose new residents, visitors, quests and employees onsite to emissions associated with traffic along SR1. However, impacts are expected to be less than significant.
d) Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Less than Significant Impact
Occasional localized odors during Project construction from construction equipment, paving and the application of architectural coatings may occur during development. Any odors generated during construction would be temporary and not likely noticeable beyond the immediate construction zone. Project Operation will not create objectionable odors affecting a substantial number of people. Therefore, the Project will have less than significant impacts to air quality due to objectionable odors.

Mitigation Measures
AQ-1: The Project comply with the following mitigation measures set forth by the Mendocino County Air Quality Management District to control fugitive dust generated during construction activities: